A Lawyer Specializing In Wills And Inheritances
Defects in a Will and How They Can Be Corrected
Because a will is such a critical legal document, the legislature established clear rules governing how it must be drafted. If these requirements are not followed, the will may be invalidated. However, under Section 25 of the Inheritance Law, certain defects can be corrected — meaning it is possible to uphold a will even if it contains errors.
By Igal Mor, Adv. & Notary
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Invalidation of a Will
A will that was not prepared in compliance with the legal requirements may be invalidated by the court. If a will is declared invalid, the deceased’s estate will be distributed according to the statutory rules of intestate succession rather than the provisions of the will. Alternatively, if another valid will exists, the estate will be distributed according to its terms.
It is important to note that the court may invalidate a will in whole or in part. For example, the court may find one section of the will to be invalid while upholding the remainder. Invalidation occurs when an objection to the execution of the will is filed and the court determines that one or more statutory grounds for invalidation apply. These grounds include undue influence over the testator, a will drafted by a person who lacked legal capacity, a will that benefits a witness to its execution, and others. However, when the objection is based on a correctable defect, the court may reject the objection and issue a probate order.
Filing an Objection to a Will
When a person passes away and leaves a will, the heirs must obtain a probate order to implement it. They submit an application to the Registrar of Inheritance Affairs, who publishes the application in a daily newspaper. This publication allows interested parties to file an objection. If an objection is filed, the registrar refers the case to the family court for a hearing.
An individual who wishes to contest a will must cite one of the grounds for invalidation listed in the Inheritance Law. The alleged defect may be either substantive or technical. What is the difference? A substantive defect — if proven by the objecting party — cannot be corrected, and the will may be invalidated. A technical defect, however, can be corrected by the court, which may order the execution of the will despite the error.
Correcting Mistakes in a Will
In addition to the power to invalidate a will, the legislature also granted the court authority to correct certain defects. Section 30(b) of the Inheritance Law provides that an instruction in a will made by mistake will not invalidate the will, provided that the testator’s true intention can be clearly determined. For example, a misspelled heir’s name or an incorrect digit in a bank account number would constitute a clerical error that the court can correct. This provision ensures that a minor technical defect does not prevent the execution of the deceased’s wishes, as long as those wishes can be understood. If, however, the testator’s intent cannot be determined, the defective provision of the will is revoked.
Considering a Will? Seek Legal Advice to Minimize the Risk of Defects
The examples above illustrate how complex will drafting can be. We strongly recommend that anyone who wishes to prepare a will contact us to schedule a consultation with an attorney who specializes in wills and inheritance law. Our attorneys will draft your will together with you in a thorough and meticulous manner, in full compliance with the legal requirements, thereby minimizing the possibility of future challenges. This way, you can be confident that when the time comes, your property will be distributed according to your wishes.
We are also available if you wish to amend an existing will — for example, due to a change in family circumstances.
The Family Law and Inheritance Department at Mor & Co. Law Firm has over 15 years of experience in this area. Our attorneys handle complex will and inheritance matters on a daily basis, including litigation and court representation. Our goal is to serve our clients to the highest standard and to make our extensive expertise available to them.
For legal advice regarding wills and inheritance, contact us at 02-595-3322 or by WhatsApp at 050-441-1343.