In what cases and when does it become necessary to file an objection to the execution of a deceased person’s will? What is the legal procedure necessary for such an objection and what are the chances of success?
In cases of disputes between heirs regarding the will of a deceased person, whether it is first-degree family members or more distant relatives or strangers, the process of opposing the execution of a will is a very complex process from a legal perspective and there is no practical possibility of going through it without the assistance of an experienced lawyer.
The overview below is a brief guide, including examples from Family Court rulings, designed to explain various situations and the procedure involved in the aforementioned proceedings. So let’s get started…
Objection to a will – when does the need arise?
After the death of a loved one, their relatives may discover that the contents of the original will are inconsistent with the deceased’s promise before his death, or even with the copy of the will that remained with the family, to the point that all the property was promised to other acquaintances or external entities that are not family members.
Although the inheritance law supports the principle of “a person’s will is his honor” and the tendency of relatives is to respect the will of the deceased, it is important to know that the law allows those who claim that their bequest was made unjustly and unlawfully to present their objection, provided that it is based on a justifiable cause.
The grounds for opposing the execution of a will, based on allegations related to fraud, coercion, mistake or forgery, are:
(1) Doubt about the testator’s signature or an error in describing details such as an asset, date, number or account. When the question arises whether the signature on the will is indeed the signature of the testator, the will is invalid. Similarly, when the testator was unable to discern the nature of the will (for example, in a case where he suffered from a mental illness) – there is a reason to object to the execution of the will.
Since the law does not precisely define what the “nature of the will” is, several tests have been established in the case law: Is the will maker aware that he is the writer and aware of the components of his property, the identity of his heirs, and the consequences of his will? Also, is the testator’s mental state normal, so that when writing the instructions, he did not suffer from hallucinations or mental stress.
(2) A will made under undue influence or coercion; According to section (30) of the Inheritance Law, when the writer of the will is subjected to threats or coercion at the time of writing, the will is void. The law also does not define what constitutes “undue influence,” and therefore the decision to void the will in this situation is determined in light of case law tests relating to the testator’s independence, his social connections, and the involvement of another party.
In the event that it is proven that the testator was not mentally or physically independent at the time of writing the will, the level of his dependence on external assistance and its extent will be examined. Socially – if it is proven that the testator had connections in addition to the caregiver who assisted him, it can be concluded that the level of dependence is lower than in a situation where he lacks social connections..
The central test of undue influence examines the involvement of another party in drafting the provisions of the will.
(3) A will in which there was an error or which was written due to an error: Section 30(b) of the Inheritance Law refers to two types of factual errors: an error that the court can correct because the testator’s intention can be understood despite the error, and an error that leads to the annulment of the provision because it does not allow the intention of the writer of the will to be traced.
A person who seeks to amend a will due to an error is obligated to prove that there is indeed a defect in the will and that there is a causal connection between the error and the instruction, and that it can be determined with certainty what the testator’s wishes would have been if the error had not occurred.
(4) A provision of a will whose implementation involves illegal or immoral execution.
In the family file 92990/98 The hearing, which was held in the Family Court in the Tel Aviv and Central Districts, presents an example of the court’s intervention due to a will provision whose implementation involves immoral execution.
The writer of the will in this case is the owner of an agricultural plot in Moshav Beit Yitzhak, who ordered that the farm be transferred to one of his daughters so that she could continue its agricultural purpose, and half of its agricultural value to be transferred to the other sister.
According to the sister who received the right to compensation, the farm is not used for agriculture, and hence her sister actually received a manor within the moshav, and it is not fair that she should receive compensation only according to the agricultural value.
The court supported this argument and determined that the deceased intended to compensate the second sister only in the event that the farm’s designation would be agricultural – which did not actually happen in light of the social and economic changes that have occurred in the moshavim farms since the will was drawn up.
Therefore, the second sister will be distributed by the first according to the real value of the farm – that is, according to the value of the property in the event that it was realized for agricultural purposes.
(5) A provision of a will that entitles the writer, or the person who witnessed its writing or who participated in its preparation, or the spouse of one of these.
An example of a ruling in which several grounds for opposition to the existence of Will It is a request submitted by the family members of the deceased (the defendants) after the deceased bequeathed her entire estate to the applicants for the enforcement of the order (the plaintiffs).
In this case, the court was required to discuss several grounds for annulment: doubt regarding the testator’s signature, undue influence, the deceased’s incompetence to make a will in light of her health condition, and exploitation of the testator’s mental and physical distress by the beneficiaries.
The opponents also claimed that the assets mentioned in the will are not part of the estate, so the will cannot apply to them.
On the other hand, those claiming to enforce the will took steps to prove that the will was indeed signed by the deceased and also proved her competence to write the instructions in the will.
These led the judges to rule that the will reflects the testator’s free will and rejected the objection. They claimed that the document meets the requirements of a notarial will by law and has no formal or formal defect.
In addition, the totality of the evidence and medical documents testified that the will was competent and clear at the time of writing the will and that there was no undue influence, trickery or fraud on the part of the beneficiaries. Furthermore, there was no physical or mental distress at the time.
The court rejected the objection and ordered the applicants to pay 80,000 NIS for legal costs.
Instructions and procedure for filing an objection to the execution of a will
Speed in filing the claim
Once the reason for the lawsuit is discovered, there should be no delay in filing it, since the longer the plaintiff waits, the more the other party clings to the property that was transferred to his possession, and the feeling of winning the estate grows stronger not only among the heir but also in the eyes of the court.
Therefore, a lawsuit filed late, even if the statute of limitations has not yet passed, appears to be a legally inappropriate move and may seriously harm the lawsuit’s chances of success.
Precise and correct reason
It is important that the request be based on a well-reasoned reason and not on feelings of revenge or injustice. These are not reasons for filing a lawsuit despite the understandable frustration of the party who is deprived of the will.
Well-founded factual basis
It is important that the claim be based on evidence that supports the claims of the party claiming the will, and not on feelings of deprivation (similar to establishing the cause in the previous section).
Proven connection of the applicant to the matter of the claim
The claimant must prove a connection to the issue and a real injury from the defendant’s actions. In legal parlance, the applicant who is entitled to file a claim regarding inheritance is called an “interested party,” and the application of a person who is not in this legal status will not be accepted.
Realistic remedies
The plaintiff must define realistic expectations regarding the goals he seeks to achieve in his lawsuit, as the court is subject to the provisions of the law.
Possible remedies in a will opposition lawsuit are determining the identity of the heirs (the court will determine whether a person is defined as the deceased’s heir) and determining the identity of the witnesses (an unrealistic remedy in this context is amending a will with witnesses if there were not 2 witnesses at the time the will was written).
Awareness of the law and the relevant court
In light of the Inheritance Law of 1965, hearings on inheritance and will matters are held in the Family Court, but if there is agreement between both parties, the law allows the hearing to be held according to Jewish law in the Rabbinical Court.
The civil and economic status of the testator
According to Section 136 of the Inheritance Law, the authority to discuss the issue will be given to an Israeli court provided that the testator was a resident of Israel at the time of his death or that the assets he left behind are located in Israel.
Close legal support and proper assessments will ensure your success!
In order to be well prepared for the hearing on the objection to the will, it is important to collect evidence in advance, and in cases where suspicion arises that actions are being taken during the testator’s lifetime that may harm inheritance rights, it is even possible to collect evidence and medical information regarding the testator’s mental and physical condition.
In order for these steps to be carried out legally and in order to accumulate points in the objection request, it is crucial to have the professional assistance of a lawyer who specializes in inheritance and estate law and is experienced in disputes on this basis.
Another reason for the necessity of a lawyer’s intervention is that there is great importance in taking swift action after the testator’s death; the evidence must be prepared and well-reasoned grounds formulated within a short time because, as mentioned, the court does not look favorably on a late objection.
To this end, the services of a professional, experienced, and skilled lawyer must be sought who can quickly prepare a reasoned and legally appropriate foundation before the other party has time to acquire information regarding his status and the significance of his actions.
Among other things, the lawyer will work to collect information such as medical records, previous wills or wills of the spouse, cross-reference the information between the witnesses, and find contradictions in the versions of the party that wins the will. In light of all of this, he will examine whether the grounds for objection are well-founded so that it can be filed.
Another thing to consider is that a skilled attorney may be able to resolve the dispute before the objection is filed – a resolution strategy that avoids declaring war and will work to the benefit of both parties..
The right to file an objection to the execution of a will is given to every person, and this must be done within fourteen to ten days from the date of publication of the application for the order in the press and in the official records.
A rejection will only be possible with the approval of the Registrar or the court. At the beginning of the application process, the objection must be drafted in writing to include the subject of the objection, reasons and documents on which it is based. An affidavit verified by a lawyer supporting the arguments for the objection, a receipt for payment of the fee, a form for initiating the procedure and a power of attorney document in the event that the applicant is represented by a lawyer.
The objection document is submitted to the Office of the Registrar of Inheritance Affairs in one copy for the court and another number of copies equal to the number of parties involved in the case. The Registrar then transfers the case to the Family Court.
At the court hearing, the opponent presents evidence and affidavits that he has collected regarding the will’s ineligibility, and the evidence is reviewed by the judges. In the next stage, the opponent will submit his briefs, and in light of all of this, a decision will be made as to whether there is indeed a justifiable reason to invalidate the will.
In the event that it is decided to revoke the will, the estate will be distributed according to the provisions of the Inheritance Law.
Do you have questions about possible objections to the execution of a will?
Call to speak with Attorney Sharon Segal: 077-997-4020
Probate Lawyer
A will is a person’s way of directing how the property they have accumulated throughout their lives will be distributed after their death. It is important to note that a will in itself does not allow the people mentioned in it to perform any actions with respect to the estate left by the person – but only after a will enforcement order has been issued, which is issued by the registrar of inheritance matters. In any case where there is concern that the will does not reflect the person’s wishes, an objection to the will can be filed – that is, to contact the registrar of inheritances with a request that he not issue the said order. At the Sharon Segal Law Firm, we assist those who fear that their rights will be prejudiced due to an improper will, with full integrity and maximum availability.
Filing an objection to a will
- A will made when a person was incompetent – A particularly complex situation, because proof of the person’s mental incompetence at the time the will in question was drawn up is required.
- There is another will. – When there is a valid will that was signed at a later date than the one for which a request for a probate order was filed, it is possible, and of course desirable, to file an objection.
- Invalid pressure – Any will that was written and signed under any kind of forbidden pressure, or worse, under threats, does not reflect the person’s true wishes, and therefore it is important to file an objection to its execution. Naturally, proof of the existence of that pressure or threat is required.
- Inappropriate involvement – Involvement of a person included in the list of beneficiaries of a will in its drafting, even without the application of pressure or threat, will lead to the invalidation of the will. It is important to emphasize that even an action such as taking the person to a lawyer to help him draft the will is considered invalid involvement, as is being with the person when he is writing such an important document.
- Form defect – Sometimes even a formal defect, seemingly insignificant, allows an objection to the issuance of an order of execution for that will to be filed.
Will opposition procedure
Sharon Segal Law Firm assists in filing an objection to a will, and does so with complete integrity and high availability. Availability is necessary because the law limits the possibility of opposing the issuance of a will enforcement order to only 14 days from the date of publication of the application for the issuance of this order. After that, a request can be filed to cancel the order, but at this stage irreversible actions may already be taken regarding the estate. Integrity is required so that the request is filed only when there is a real possibility that the will will indeed be invalidated.
