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Objection to a Will – Questions and Answers 2026

Objection to a Will – Questions and Answers 2026

What is an objection to a will?

Objection to a will is a legal procedure designed to prevent a will from being validated when there is concern that it does not reflect the free and true will of the testator.

The objection is filed after a petition for a probate order has been filed and before the order is granted. After a valid objection has been filed, the proceedings may be transferred to the Family Court.

In what cases can a will be contested?

An objection may be considered when there is evidence or circumstances indicating, among other things, that:

  • Undue influence

  • Incompetence of the commanding officer

  • Unlawful involvement of the beneficiary in the drafting of the will

  • Signature forgery

  • Fraud or trickery

  • Threat or pressure

  • A fundamental defect in the way the will was drawn up

  • The existence of a later will

What is undue influence?

Undue influence may exist when a person takes advantage of the testator’s dependence, weakness, isolation, or medical condition to influence the content of the will.

The court examines the relationship between the testator and the beneficiary, the degree of dependence, the condition of the testator, the circumstances of the signing, the involvement of the beneficiary, and the testator’s relationship with other family members.

Is unequal division a reason for invalidating a will?

Not necessarily. A person may prefer one heir over another and even exclude a person from his will.

However, an extreme or unexplained division, especially when accompanied by dependency, estrangement from family members, or involvement of the beneficiary in drafting the will, may strengthen arguments against its validity.

How do you prove incompetence?

It must be proven that at the time the will was drawn up, the testator did not understand the meaning of the will, the extent of his property, or the identity of his heirs.

For this purpose, one can rely on medical documentation, expert opinions, testimonies from therapists, family members, neighbors, and witnesses who were familiar with the will near the time of signing.

Does the involvement of an heir in drafting the will invalidate it?

Significant involvement by the beneficiary of the will may lead to the invalidation of the provision that entitles him.

The court may examine who initiated the drafting of the will, who chose the lawyer, who transported the testator, who gave the instructions, and who was present at the signing.

How long does it take to file an objection?

Action must be taken within the time limit set in the publication of the application for a probate order. Delay may require submitting a request for an extension of time, which is not certain to be granted.

Therefore, when suspicion arises regarding a will, it is important to obtain legal advice as soon as possible.

What documents should you collect?

It is recommended to save and collect:

  • Copy of the will

  • Medical documents

  • Correspondence and messages

  • Bank documents

  • Witness names

  • Legal recordings

  • Information about the functional status of the mitzvah

  • Evidence of isolation or dependence

  • Previous wills

Did you receive a surprising will?

Sharon Segal Law Firm represents will objectors as well as heirs seeking to protect a valid will. We examine the will, the circumstances surrounding its preparation, the medical documents, and the evidence required to conduct the procedure.

To schedule legal advice on the subject of opposing a will: 052-2226699

Sharon Segal Law Firm

Tel Aviv | Netanya | Haifa

Maximum investment. Maximum result.

The information on this page does not constitute legal advice.

A law firm that specializes in divorce and inheritance

Adv. Sharon Segal

Attorney Sharon Segal specializes in family law, divorce, wills and inheritances – with experience in hundreds of successful cases and satisfied clients.

We believe in a humane and attentive approach, without sacrificing legal strength, accuracy, and full protection of your rights. Our team accompanies you personally from the first meeting to the end – whether it is a divorce agreement, maintaining the peace of the children, or drafting a valid and protected will for the future of your loved ones.

Our offices in Tel Aviv, Netanya and Haifa provide discreet, professional and personalized advice – at any time, for any case.

 
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