Family and Inheritance Law
Which side of the will are you on
An objection to a will involves several people, and each of them comes with a different question. These are the situations in which people contact us:
An heir surprised by the will
A child or spouse who would have inherited under the law, and discovered a will that disinherits them or reduces their share.
A beneficiary under an earlier will
A later will changed the picture, and there is concern that the change did not come from the testator.
A beneficiary whose will is being challenged
An objection was filed to the application for a probate order, and it must be shown that the will reflects the true wishes of the deceased.
Someone making a will today
There is tension in the family, an unequal distribution or a significant asset, and you want a will that is hard to challenge.
What an objection to a will relies on
Disappointment with how the estate was divided is not a ground for contesting a will. The Succession Law, 5725-1965, upholds the testator's wishes, so an objection must rest on a defect that the law recognizes. As a rule, whoever claims the will is defective must prove it:
- Lack of capacity. A will made at a time when the testator could not understand the nature of a will is void (Section 26). The medical and cognitive condition at the time of signing is examined, not before or after.
- Undue influence, duress, threat, deception or fraud. A provision made as a result of these is void (Section 30). The courts examine, among other things, the testator's dependence on the beneficiary, the testator's ties with others and the circumstances in which the will was made.
- A beneficiary's involvement in drafting. A provision that benefits the person who drafted the will, witnessed it or took part in drafting it, or that person's spouse, is void (Section 35).
- Defect in form. A missing signature, date or witnesses. Not every defect voids a will: the court may uphold a will with such a defect when it has no doubt that it reflects the testator's wishes.
- Forgery. When there is a suspicion that the will or the signature is not genuine, a handwriting expert is usually brought in.
A detailed explanation of each ground and of the types of wills is in the article Contesting a Will: When It Is Possible, Until When, and How It Works.
The deadlines: the clock starts at publication
Anyone seeking to carry out a will files an application for a probate order with the Registrar of Inheritance Matters, and the application is published so that anyone with an interest can learn of it.
- The notice of the application usually sets 14 days for filing an objection
- The objection is filed with the Registrar of Inheritance Matters, with an affidavit
- The case is transferred to the Family Court
- You can ask the court to cancel or amend the order
- This route is harder and requires an explanation
So anyone who fears a will is about to be submitted does not wait for the publication.
How to check whether an application has already been filed, in our guide tolocating an inheritance order and applications at the Registrar.
When the will you benefit from is challenged
Filing an objection turns the application for a probate order into a court proceeding. The party seeking to uphold the will must present the full picture of how it was made, not just respond to the claims:
- Testimony from the witnesses to the will and from the lawyer who drafted it, about the circumstances and who was in the room.
- Medical records from the time of signing, showing that the testator understood what they were doing.
- Earlier wills and how they relate to the last one, when the wishes remained consistent over the years.
- An explanation for the distribution, for example one child's care for the parent, or help already given to another during the parent's lifetime.
Not every objection reaches a judgment. Many cases end in an agreement between family members, sometimes through mediation, and even then it is important that the agreement reflects the state of each side's evidence.
A will built to withstand an objection
Most grounds are examined according to what happened on the day the will was made. So a carefully drafted will closes in advance the openings through which it could be challenged:
Witnesses who are not beneficiaries
Witnesses who receive nothing under the will, nor do their spouses, so that no provision is voided because of their involvement.
A meeting without the beneficiaries in the room
The testator speaks with the lawyer alone, so the wishes in the will are the testator's own.
Documenting the medical condition
Where there is advanced age or illness, a medical opinion close to the signing answers a capacity claim in advance.
Reasons for an unequal distribution
A few sentences explaining why one heir receives more reduce the impression of a will that was imposed.
You can also deposit the will with the Registrar of Inheritance Matters, so that it is not lost and it is clear which text was signed. How to do it, in the guide Depositing a will with the Registrar of Inheritance. When there is no will, the distribution is set by law, and you can see it in theInheritance calculator under intestate succession law.
How it works at the office
- A meeting at the office in Ramat GanBy appointment. Bring the will, earlier wills, the notice of the application for a probate order and medical documents.
- Reviewing the grounds and the timelineWhat you can rely on, what is missing in the evidence, and by when you need to act.
- Filing with the Registrar or responding to an objectionA statement of objection and an affidavit, or a response on behalf of the party seeking to uphold the will.
- Managing the case in the Family CourtEvidence, witnesses and experts, while also checking whether an agreement can be reached.
The office serves clients from all over the country, including heirs who live abroad. Alongside inheritance and wills, the office handlesDivorce and the Rabbinical Court, Marital Property Agreements and other family law matters.
Frequently asked questions about objecting to a will
How much time is there to file an objection to a will?
After an application for a probate order is filed, a notice is published, and the notice usually sets 14 days for filing an objection with the Registrar of Inheritance Matters. Even after an order is granted, you can ask the court to cancel or amend it, but that route is harder, so it is best to act as soon as you learn of the application.
Who may object to a will?
Anyone with an interest in the estate. Usually these are statutory heirs, who would have received a share had there been no will, or someone who was a beneficiary under an earlier will and received less under the later one.
Can I object just because the distribution is unfair?
No. The law respects the testator's wishes, even when they favor one heir over another. An objection must rely on a ground the law recognizes, such as lack of capacity, undue influence, a beneficiary's involvement in drafting the will, a defect in form, or forgery.
What happens after an objection is filed?
The Registrar of Inheritance Matters transfers the case to the Family Court, and the proceeding is conducted there like a lawsuit: pleadings, evidence, witnesses and sometimes expert opinions. Some cases end in a settlement or mediation, and others in a judgment.
How can I reduce the chance that someone will object to my will?
Draft it with a lawyer, with witnesses who do not benefit from it, at a meeting where the beneficiaries are not present, and document the medical condition when there is any doubt. You can also state the reasons for an unequal distribution in the will and deposit it with the Registrar of Inheritance Matters.
Does the office also handle divorce?
Yes. Alongside inheritance and wills, the office represents clients in divorce proceedings, in the Rabbinical Court and in the Family Court, as well as in parenting time, child and spousal support, balancing of marital resources and divorce agreements.
How do I start working with the office?
At a personal meeting at the office in Ramat Gan, by appointment. Bring the will, any earlier wills, the notice of the application for a probate order and relevant medical documents. You can book via WhatsApp or by phone at 054-668-0699.
The information on this page is general and does not constitute legal advice. Each case is examined according to its own facts and documents, and the deadlines in a specific case should be checked with a lawyer as soon as possible.