Hello, I’m Adv. Avital Horef. Have you received an objection to a will? Found yourself in a dispute between several heirs? These are exactly the situations I have successfully handled for more than 12 years.
Our firm specializes in preparing all types of wills, minimizing potential objections, and providing peace of mind for you and your heirs.
Legal representation and assistance in inheritance disputes and objections, before the courts and appellate tribunals.
Taking critical legal steps at the appropriate stages to help prevent potential objections.
We will help ensure that the deceased’s estate rights and obligations are fully addressed, including the appointment of an estate administrator and guidance throughout the process.
Avital Horef is a qualified lawyer specializing in inheritance law.
Wills and inheritances are among the most sensitive areas of law. When a person dies leaving a will, or without leaving a will, there are important administrative and legal procedures that heirs must complete before the estate (property, assets, and money) can be distributed among the lawful heirs.
Because the death of a loved one is also an emotional matter, it is important to resolve will and inheritance matters efficiently and, where appropriate, through mediation, in order to preserve healthy relationships among the heirs.
An objection to an application for a will probate order must be based on one of the grounds for invalidating a will set out in the Inheritance Law. These are generally divided into technical grounds and substantive grounds.
Technical grounds are based on defects in the formal manner in which the will was prepared. In general, there are four types of wills that can be made, with each type having its own formal requirements: a witnessed will, a handwritten will, a will made before an authority, and an oral will.
For example, a handwritten will must be written entirely by the testator, bear a handwritten date, and be signed by the testator. However, if a defect occurred in its preparation – for example, it does not bear a date – the court may nevertheless grant a probate order in certain circumstances, provided it has no doubt that the will reflects the testator’s free and genuine wishes and that it was written entirely by the testator. If these conditions are not met, a probate order cannot be granted and the will must be invalidated.
Substantive grounds are based on defects concerning the substance of how the will was made. Examples include cases in which the testator made the will while subject to undue influence by one of the beneficiaries, who exerted psychological pressure or exploited the testator’s dependency, or cases in which the testator was unable to understand that they were signing a will, often because the testator was elderly and suffering from dementia or a similar condition.
After an objection to an application for a will probate order is filed, the Registrar of Inheritance Affairs transfers it, together with the application file, to the Family Court. The court considers the parties’ arguments and the evidence they submit and decides the matter in its judgment.
Formally, the claimant in the case is the person who filed the application for the will probate order, while the respondent is the person who filed the objection.
The burden of proof rests on the person who filed the objection. Case law establishes that, for an objection to be accepted, the objector must present substantial and significant evidence convincing the court that the will is not valid and should be disqualified.
If the court ultimately accepts the objection, it will invalidate the will and reject the application for the probate order. If there is no other valid will, the testator’s estate will be distributed according to the applicable rules of intestate succession.
If the court ultimately rejects the objection, it will accept the application and order that the will be admitted to probate.
Have a question? Call me at 077-803-6307 or leave your details and I will get back to you shortly.
(From "Zap Mishpati")
(From "Blazer - Success Stories")
Call 077-803-6307 or leave your details and I will get back to you shortly.
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