The sections dealing with the issue of filing an objection to execution Will These are Section 67 and Section 67A of the Inheritance Law, 5725 1965.
In order to oppose the execution of a will, several preliminary and fundamental conditions must be met, which we will expand and detail in the review below.
As with any other case involving family law, we strongly recommend that you consult with an experienced attorney beforehand, as at the end of the day, each case will be examined on its own merits and it is important to examine the rationale for filing an objection through an experienced professional.
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Delay – In order to object to a will, the objection must be filed on the date set by the Registrar of Inheritances. Although the law states that the time period given for objection will be at least two weeks, an objection may be filed even after the time period has elapsed, but in circumstances where an objection was filed at a late stage, a counterclaim may be raised regarding delay.
When an objection is filed after the time period set by the Registrar of Inheritances, the court must consider two conditions for which the delay claim will be rejected.
The first condition is whether circumstances have changed or new evidence has been presented in respect of which the objection was filed, and the second condition is whether the delay involves bad faith behavior or abuse of procedures.
An example of this can be found in the procedure Haifa T.A. 39535-07/11 A.D.P. vs. the estate of the deceased C.A. There, an objection was filed with a delay of five months due to family and personal circumstances.
The court rejected the objection because the applicant did not meet the first condition, according to which there was no new evidence that was not known in real time.
Cause – The person who objects to the execution of a will must have a reason. It is not enough to object for the sake of objecting, but one must present an actual defect in the execution of the will, either at the time of its writing or in the failure to comply with the provisions of the law when executing the will.
For example, a person who objects to the execution of a will may object if there is a concern that the will was written under duress or if the will was forged.
An example of this can be found in the procedure Haifa District Court 4960/07 Estate of the deceased Y.P. vs. G. A. and others Name canceled Home Family Law A will, after the deceased’s children objected to its existence.
Their claim was that there was a defect and unfair influence because it was inconceivable that the deceased’s widow received all the property but for some reason his children received nothing.
The court ruled after hearing evidence that there had indeed been undue influence and annulled the will.
Evidence – The party opposing the execution of a will has the evidentiary burden of proving the reason for requesting the cancellation of the will. On the other hand, the party responding to the objection has the burden of proving that the will is valid.
The Supreme Court in the proceedings A”A 493/83 Arafat Taha Abu Sanina vs. Taha Abu Sanina et al., established the legal rule according to which the burden of proof imposed on the applicant is not only regarding the truthfulness of the will, but also regarding the testator’s complete intention that a certain document will serve as a will in a matter Property division The testator after his death.
Interested party – The law states that any interested person can object to the execution of a will. Is that true? Not necessarily.
As early as the 1960s, the court ruled that a will is indeed a matter of fact that applies to everyone, but that does not open the doors of the court. This means that the person seeking to oppose the will must be a person who has a right to the will or its assets or a person who has reasonable grounds to expect something from the will. The person interested in something also applies to the creditor of the estate and even to the creditor of the heir to the estate.
An example of this is a creditor who has a direct right to the testator’s assets by virtue of a recognized debt. Another example is a relative who may be mentioned in the will and therefore may have an expectation of benefit from it, whether he is a relative or an heir at law who has been excluded from the will.
An example of this can be found in the procedure RA 3154/94 Assi vs. Assi, in which it was determined that Opposition to the execution of a will It must be based on a factual basis that can show that the direct or indirect right of the opponent may be violated.
Desirable remedies – The person objecting to the execution of a will must claim a specific remedy. It is not enough to file an objection; it must be made clear what remedy is sought as a result of the objection to the execution of the will.
You can request that the will be completely revoked, or you can request to add an heir to the will or make a different division in the will. Effective opposition to the execution of a will should include operative relief.
For example, in the procedure Be’er Sheva 140/99 S.M. vs. D.A., The Family Court accepted an objection to the execution of a will due to failures in its execution, on the grounds that the deceased disinherited her nephew in a will drawn up about a month before her death, which contradicted a previous will.
The new will was written as a result of undue influence by the appellant in this case, who had only known the deceased for a few months before her death. The court accepted the claim of undue influence and this decision was also upheld on appeal.
Defect or mistake – Section 30B of the Inheritance Law refers to a situation where it is alleged that a factual error was made in a will. The error can be when it is not possible to know with certainty what the testator intended or when it is possible to know what the testator would have intended but for the error.
The person seeking to amend a will has the burden of proving that an error has indeed occurred. He must prove that there is a connection between the provision in the will and the error and prove with certainty that the testator’s will was harmed by the error. If a fundamental defect is found, then a ground for annulment arises and the inheritance will take place according to law and not according to the will.
What law applies and in which court will the objection be heard?
The objection to the execution of the will must be submitted as a written affidavit to the Registrar of Inheritance and copies must be provided to all concerned, including a copy to the Family Court, within two weeks of the date of publication of the application for the order in the official records and newspapers. In exceptional cases, the Registrar may choose to change or postpone the date.
Family Court decisions can be appealed to the District Court.
Inheritances that are heard before a family court in accordance with the law and the Inheritance Law will generally take place behind closed doors, unless it is an inheritance dispute outside of a family context.
The objection will include a form for initiating proceedings, a receipt indicating payment of the fee, the subject of the objection, and relevant reasons, a power of attorney, and an affidavit signed by lawyerDocuments on which the objection is based, which verify and support the content raised in the objection.
Prerequisites and points for thought – concluding words
The person opposing the execution of a will must object on the date specified and only if he is a person who has a right to profits from it and has a direct connection to the will.
There are various remedies in law. inheritance So an objection to the execution of a will is intended to deal with unique cases. In addition, objections to a will are not intended to delay due to a financial debt to a stranger, so the remedy for which the objection is sought must be carefully examined.
A well-considered action in filing an objection to a will may lead to good results, but on the other hand, it may entail delays and many expenses.
As we mentioned, the correct, considered and safe way to file such an objection begins with receiving comprehensive legal advice, through a lawyer with experience in wills matters.
