Invalidating a will is a proceeding in which the Family Court determines that a will contains a defect significant enough to justify striking it down. The court’s guiding purpose is to carry out the wishes of the deceased, so it does not invalidate a will lightly. Before doing so, it will carefully examine whether the will indeed contains a defect and whether that defect can be cured.
In this article we will look at the grounds on which a will can be invalidated, how the invalidation procedure works, and why it pays to have a lawyer at your side.
What is the procedure for invalidating a will, and what are the grounds for invalidation?
Before turning to the procedure itself, let us review the grounds that justify invalidating a will.
A person who asks the court to invalidate a will must base the request on the grounds for invalidation set out in the Inheritance Law, 5725-1965. Broadly, there are two types of grounds for invalidating a will: technical grounds and substantive grounds.
The Inheritance Law recognizes four types of wills: a handwritten will, a will made before witnesses, a will made before an authority, and an oral (deathbed) will. Each type carries its own grounds for invalidation.
Technical grounds for invalidating a will
When the formal requirements for the relevant type of will were not met as the law demands, or the will contains a technical defect, this can serve as a ground for invalidating it.
Substantive grounds for invalidating a will
Substantive grounds concern defects that go to the heart of the will, situations in which the testator was not competent to make it. For example, he was a minor when he wrote the will, or, because of his medical condition, he did not understand that he was signing a will or what the will he was signing actually said.
Undue influence over the testator, duress, threats, fraud or deceit are likewise grounds on which the court will justify invalidating a will.
An unclear will is one whose instructions cannot be understood, where it is difficult to work out what the testator meant or to whom he is leaving his estate.
A will whose execution would be immoral, illegal, or simply impossible is also invalid.
So is a provision that leaves part of the estate to a person who witnessed the making of the will or took part in drafting it, other than in a will that was made orally.
When a will is found that is later than the will presented to the heirs, the later will is the one that governs.
To give a will effect, an application for a probate order must be filed with the Registrar of Inheritance Affairs or with the rabbinical court.
Want to invalidate a will? Here is how the procedure works.
To invalidate a will, an objection must be filed against the application for a probate order, and it must rely on one or more of the grounds for invalidation specified in the Inheritance Law, 1965 (as detailed above).
If the objection was filed with the Registrar of Inheritance Affairs, the case is transferred to the Family Court for hearing.
If the objection was filed with the rabbinical court, the case continues to be heard before the rabbinical court.
The Family Court or the rabbinical court then hears the objection and decides whether to reject or accept it.
If the court rejects the objection, it issues the probate order.
If it accepts the objection, then, depending on the specific ground of invalidity and the circumstances of the case as a whole, it can strike down only a particular provision of the will, under Section 38(b) of the Inheritance Law, and uphold the will subject to the removal of that provision, or it can invalidate the will in its entirety.
Where the entire will is invalidated, it must be checked whether the testator left another will for which a probate order can be issued, in which case the estate is distributed according to that will. If no such will exists, an inheritance order is issued instead, and the estate is distributed under the intestacy rules set out in the Inheritance Law.
Invalidating a will with the help of a family lawyer in Jerusalem
Bottom line: invalidating a will blocks the realization of the deceased’s wishes, so that the property he built up over a lifetime is not distributed the way he wanted and instructed in the will. That is exactly why courts are in no hurry to invalidate wills. If you are nonetheless seeking to invalidate a will, it is worth contacting Adv. Avital Horef, who has extensive experience in drafting wills, obtaining probate orders, and will invalidation proceedings.
* Updated for 2026
