What you should know about objecting to a probate order
An objection to a probate order is filed when one of the heirs believes that carrying out the will would harm their rights. In many cases the claim is that the testator lacked capacity at the time the will was made. Under Israeli law anyone may draft their own will, but drafting it with a lawyer is preferable, because it minimizes disputes over interpretation and, with them, the grounds for an objection. Vague or sloppy wording invites objections, because it leaves room for a legal challenge over what the testator actually intended.
Benefits of using a lawyer to write a will
Following the rules of law and practice in drafting a will helps ensure the will is carried out smoothly. A lawyer can prevent undue influence and keep the heirs out of the drafting process. Drafting the will with an attorney reduces the chance of a future legal fight between heirs over competing readings of its wording. Otherwise, objections to a will often end up being examined in court after the testator’s death.
In court
Courts place great trust in wills prepared by lawyers when issuing a probate order. In inheritance disputes, judges often summon the lawyer who prepared the will to testify about the testator’s wishes and condition at the time it was written. That testimony carries real weight when the court decides whether to accept an objection to the application for a probate order.
When an heir feels wronged
Even a will drafted by a lawyer is no guarantee that no heir will contest it. An heir who feels wronged by the outcome may file an objection to the probate order. The application must be accompanied by an affidavit drafted by a lawyer and verified before one, setting out the legal claims that support the objection along with the documents that prove them. Where the objection to the probate application is filed through a representing lawyer, a signed power of attorney must be attached as well.
Objecting to a probate order with an experienced attorney
Avital Horef is a certified lawyer and mediator in financial disputes within the family. The Avital Horef law office specializes in family law and court representation, and is highly experienced in drafting wills and carrying them out. If you need to draw up a will, or you believe you have been harmed by a will that was procured by fraud or without sound basis and want to object to the probate order, the Avital Horef law office is the address for fully asserting your legal rights.
