In Israel, an objection to a probate order, the local equivalent of contesting a grant of probate, is usually filed when you discover you have been left out of the will, and property you believe you are entitled to has been given to others.
A lawyer’s tip: if you feel wronged, angry, and hurt, you have the option of objecting to the probate order. But it is important to act strategically, not out of raw emotion. Only measured action, together with an attorney experienced in objection to a will proceedings, will give you a real chance of reaching your goal.
Want to know how to file an objection to a probate order? Here is the whole process, step by step.
How to file an objection to a probate order – step by step
An objection to a probate order is a civil proceeding, so it is filed with the Family Court in the area where the objector lives. If the objector lives in Tel Aviv, the objection is heard in the Family Court in Tel Aviv; if in Jerusalem, in the Family Court in Jerusalem, and so on.
Section 67A of the Inheritance Law provides that an objection to a probate order must be filed within two weeks of the date the application for the order was published to the public.
If you did not manage to file within two weeks, you can apply to postpone the filing date. Note that to receive an extension you must give reasons for the request. If your reasons are sensible, the Registrar of Inheritance Affairs is likely to grant the postponement, but keep in mind that the Registrar limits how many times he will approve one, even if your arguments are convincing each time. If you do not file the objection on time, the Registrar of Inheritance Affairs will issue the probate order.
The objection to a probate order can be submitted in one of the following ways:
Online, through the online system of the Registrar of Inheritance Affairs. To submit the request, click the “Find Requests” tab, enter the deceased’s details, and follow the instructions. Or at one of the reception desks at the Registrar’s offices, located in Jerusalem, Tel Aviv, Haifa, Upper Nazareth, and Beer Sheva.
Filing an objection to a probate order by mail
Send the application to the office of the Registrar of Inheritance Affairs where the application for the order was submitted.
Filing an objection to a probate order online
Fill out the dedicated objection form. Among other things, you must provide: the objector’s full name and ID number, the deceased’s full name and ID number, the names and ID numbers of all the heirs as they appear in the will, the grounds for the objection along with supporting documents, an affidavit verified by a lawyer confirming the facts you rely on, confirmation of payment of the fee, and a power of attorney if you are represented by a lawyer. Proof of payment of the fee must be attached to the application. As of 2020, the fee is 986 shekels.
Paying the fee for an objection to a probate order
Paying the fee for an objection to a probate order online
Go to the government payment service, mark “Filing an objection to a probate order” in the table that opens, and follow the instructions.
Paying the fee at the Postal Bank
Use vouchers, available at the public reception desks at each of the Registrar’s offices.
You can also pay at the automated payment terminals at the public reception desks of the Registrar of Inheritance Affairs.
Note that the automated payment terminals accept credit cards only.
Objection to a probate order – who may file it?
Any interested person may file an objection to a probate order, provided all of the following conditions are met.
An application for a probate order has already been filed, and has been published in Reshumot, the official gazette.
A probate order has not yet been issued.
There is a reasonable ground for objection, for example: the deceased made a later will than the one submitted to the Registrar of Inheritance Affairs, the will does not reflect the deceased’s true wishes, the will contains defects, the will was made under threats or undue influence, or other grounds set out in the law.
The bottom line: an objection to a probate order must follow the regulations and the instructions of the Registrar of Inheritance Affairs.
When you want to object to a probate order, you must fill out the designated form, send it to the Registrar of Inheritance Affairs, pay the fee, and wait for a hearing in the Family Court.
