Questions and Answers on Inheritance and Wills 2026
What is inheritance?
Inheritance is the transfer of all rights, funds, assets, and sometimes also the debts of a deceased person to his heirs. The identity of the heirs and the share of each heir are determined in accordance with the will left by the deceased, and if there is no will – in accordance with the provisions of the Inheritance Law.
What is the difference between inheritance by law and inheritance by will?
Inheritance by will occurs when the deceased left a valid will in which he determined who would receive his property and in what portions.
Inheritance by operation of law occurs when the deceased did not leave a will. In such a case, the identity of the heirs and their shares in the estate are determined in accordance with the inheritance arrangements set forth in the law.
What is an estate?
An estate is the collection of assets, funds, rights, and debts left behind by a person after their death. The estate may include apartments, bank accounts, vehicles, rights in companies, social rights, debts, and other assets.
Not every amount of money related to the deceased is necessarily included in the estate, so it is important to examine each asset and right individually.
Who inherits a person who dies without a will?
When a person dies without a will, their heirs are determined in accordance with the law of inheritance. These are usually spouses, children, descendants, parents, or other relatives, depending on the family structure that existed at the time of death.
The distribution of the estate may vary depending on the identity of the surviving family members, so it is recommended not to rely on general assumptions before a legal review.
Does the spouse inherit all the property?
Not necessarily. The spouse’s share of the estate depends on whether there was a will, whether the deceased had children, parents, or other relatives, and the types of assets he left behind.
In addition, a distinction must be made between the spouse’s independent rights under the property laws between spouses and his rights as an heir to the estate.
Can a well-known person inherit?
In certain circumstances, a person known to the public may be entitled to inherit as if they were married spouses, provided that the conditions set forth in the law are met.
In such cases, family life, the shared household, the nature of the marital relationship, and the circumstances that existed at the time of death are examined, among other things. This is a factual and legal question that may arouse disagreement among family members.
What is an inheritance order?
A succession order is a legal order that determines who the heirs of a person who died without leaving a will are and what each heir’s share of the estate is.
The inheritance order does not usually specify the assets themselves, but rather determines the identity of the heirs and the proportion of their share. Through the order, banks, the Land Registry Office, and other entities can be contacted for the purpose of transferring the rights.
What is a will enforcement order?
A probate order is an order that gives a will legal validity after the testator’s death. Without the order, it is generally not possible to proceed with the distribution of the estate in accordance with the provisions of the will.
The application is submitted to the Registrar of Inheritance, and in certain cases, the matter is transferred to the Family Court for a decision.
Who may apply for a probate order?
As a general rule, the application may be submitted by a beneficiary under the will or another person who has an interest in the execution of the will.
In order to submit the application, the required documents must be attached, the fees must be paid, and notifications must be submitted in accordance with the provisions of the law.
Is it possible to check whether the deceased left a will?
Yes. After a person’s death, you can contact the registrar of inheritance matters and check whether a will was deposited with him.
Depositing a will during the testator’s lifetime helps ensure that the will is preserved and can be located after death. Depositing does not replace the need to file an application for a probate order.
Is it possible to object to a will?
Yes. After an application for a probate order is filed and before the order is issued, an interested person may file an objection to the probate order.
The objection must be reasoned and supported by an affidavit and relevant documents. When an objection is duly filed, the hearing is usually transferred to the Family Court.
What are the main reasons for opposing a will?
Among the common grounds for opposing a will are:
Undue influence on the testator, incompetence to understand the meaning of the will, improper involvement of one of the beneficiaries in the drafting of the will, forgery, fraud, threat, pressure, trickery or material defects in the manner of drafting the will.
Not every claim or feeling of deprivation justifies invalidating a will. A significant factual and evidentiary foundation must be presented.
Is it possible to object to a will just because the division is unequal?
No. A person is entitled, as a general rule, to determine in his will an unequal division and even to prefer a particular heir over others.
To invalidate a will, a recognized legal ground must be proven, such as undue influence, incompetence, forgery, or improper involvement in the preparation of the will.
However, an unusual and unexplained distribution may, along with additional evidence, be part of the factual picture examined in court.
What is undue influence?
Undue influence is a situation in which the free will of the testator is impaired due to dependence, pressure, isolation, exploitation of weakness, or control by another person.
The court may examine the degree of independence of the testator, his dependence on the beneficiary, his relationships with other family members, the circumstances of the will, and the beneficiary’s involvement in the process.
How do you prove that the deceased was not competent to make a will?
The claim is examined according to the deceased’s condition at the time the will was drawn up, and not just before or after that date.
You can rely on medical documents, expert opinions, testimonies from family members, caregivers, witnesses to the will, and people who met the deceased near the time of signing.
An elderly person or a person suffering from an illness may also be competent to make a will, as long as he understood the meaning of the action and its consequences.
Can an heir’s involvement in drafting a will invalidate it?
Yes. When a person who is the beneficiary of the will was significantly involved in its preparation, took part in its formulation, or influenced its content, a claim may arise to invalidate the provision that entitles him.
Not all technical assistance or accompaniment of the testator automatically leads to disqualification. The court examines the extent of the involvement and the circumstances of the entire case.
How long does it take to file an objection to a will?
The deadline for filing an objection is published in the application for a probate order. It is important to act within the period specified in the publication and not wait until the last minute.
When the deadline has passed, it is possible in some cases to submit a request for an extension of time, but there is no certainty that it will be granted. Therefore, it is recommended to seek legal advice immediately upon discovery of a problematic will.
Can a probate order be revoked after it has already been granted?
Yes, in appropriate cases, a request can be submitted to cancel or amend a probate order that has already been issued.
The applicant will need to explain why the facts or allegations were not raised before the order was made, what new information was discovered, and what its impact is on the validity of the will. Delay in filing the application may work to the applicant’s detriment.
Is it possible to walk away from an inheritance?
Yes. An heir may, subject to the provisions of the law and the circumstances of the case, withdraw from his share of the estate.
Withdrawal may have legal, family, financial and tax implications. After actions have been taken on the estate assets or after the heir has treated the property as if it were the owner’s, the possibility of withdrawal may become more complex.
What is the difference between a disinheritance and an estate distribution agreement?
By renouncing, the heir renounces his share of the inheritance in accordance with the limitations set forth by law.
In an estate distribution agreement, the heirs agree among themselves to divide the assets of the estate in a way that differs from the proportional division determined in the will or inheritance order.
When the agreement is drafted correctly and before mixing outside assets, it may have significant legal and tax benefits.
Do they also inherit the debts of the deceased?
The deceased’s debts are generally paid from the estate’s assets before the balance is distributed to the heirs.
Therefore, before distributing funds or transferring assets, it is important to check for any debts, liabilities, legal proceedings, or creditors. A premature and unorganized distribution of the estate may create legal exposure for the heirs.
What happens when one of the heirs takes control of the estate assets?
An heir is not permitted to do whatever he pleases with the assets of the estate or to deny other heirs information and access to the property.
In cases of withdrawal of funds, smuggling of assets, concealment of information, exclusive use of the apartment, or refusal to cooperate, you can consider going to court to obtain temporary orders, discovery orders, provision of accounts, or appointment of an estate administrator.
When is an estate administrator appointed?
An estate administrator may be appointed when it is necessary to locate assets, pay debts, run a business, safeguard property, carry out complex instructions in a will, or deal with a difficult dispute between heirs.
The appointment is not required in every inheritance case. The court or registrar will examine whether there is actual justification for the appointment and what the powers of the estate administrator will be.
Is it possible to sell an inherited apartment?
Yes, after receiving an inheritance order or a will enforcement order and arranging the rights, you can proceed to sell the apartment.
When there are multiple heirs, agreement between them is usually required. If there is no agreement, one of the heirs may file a lawsuit to dissolve the partnership. Before selling or transferring rights, it is also recommended to check the tax implications.
Is inheritance divided between spouses in the event of divorce?
Inherited property is not automatically divided between spouses. However, in some cases, it may be argued that the heir intended to share the property with his or her spouse.
The examination is made according to the conduct of the parties, registration of the property, joint investments, residence in the property, representations and agreements. Therefore, it is recommended to maintain a clear separation when seeking to protect inherited assets.
Do I need a lawyer to issue an inheritance order?
There is no general obligation to be represented in every simple application. However, errors in the heirs’ details, documents, notices, or affidavits may delay processing.
When there is a complex will, heirs abroad, numerous assets, public figures, creditors, minors or a family dispute, it is recommended to receive professional legal assistance.
Why is it important to contact a lawyer specializing in inheritance?
Inheritance disputes involve legal, evidentiary, medical, and family issues. Mistakes early on, such as dividing assets, signing a waiver, or delaying filing an objection, can have a significant impact on the rest of the process.
office Sharon Segal Attorneys provides legal assistance in matters of wills and inheritances, objections to a will, revocation of a will enforcement order, disputes between heirs, estate distribution agreements, and appointment of estate administrators.
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The information on this page is for general information only and does not constitute legal advice. Each case will be examined in accordance with its circumstances and the relevant documents.
