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Grounds for Objecting to the Execution of a Will in Israel

The purpose of a will is to determine who will inherit a person’s estate and what share each heir will receive. However, there are cases in which a will does not reflect the testator’s true intentions — for example, when it was made under the undue influence of one of the heirs. In such situations, it is possible to file an objection to the probate order and seek to have the will invalidated, so that the estate is distributed according to law or under an alternative will.

By Igal Mor, Adv. & Notary

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Objections to the Execution of a Will

When a person who left a will passes away, the heirs must obtain a probate order to distribute the estate. Upon submission of the application, any interested party may file an objection on one or more of the grounds specified in the Inheritance Law. If an objection is filed, the case is transferred from the Registrar of Inheritance Affairs to the Family Court for hearing and resolution.

Undue Influence on the Testator

The most common ground for contesting a will is undue influence. Section 30(a) of the Inheritance Law provides that a testamentary instruction made as a result of coercion, threats, undue influence, deception, or fraud is void. The question of what constitutes undue influence is nuanced, since heirs are typically family members of the testator. There is no prohibition against discussing the will with the testator or even attempting to persuade them to bequeath property in a particular way. However, undue influence goes beyond mere persuasion — it is defined as a situation in which the testator was substantially dependent on one or more heirs to such a degree that the will does not reflect their free and independent wishes.

Tests for Determining Dependency

Over the years, Israeli courts have established that the question of whether undue influence was exerted on the testator is determined by examining the degree of dependency between the testator and the heir. This analysis involves four key parameters:

Physical dependency: Was the testator physically dependent on the heir for daily activities, and if so, to what extent?

Social and cognitive dependency: Physical dependency alone is not sufficient. The testator must also have been socially and intellectually dependent on the heir, enabling the heir to practically influence the will.

Isolation from others: Was the testator cut off and isolated from other relatives, friends, and social contacts in a manner that reinforced their dependency on the heir?

Circumstances of the will’s execution: The conditions under which the will was drafted often reveal significant information about the presence or absence of undue influence.

Burden of Proof in Will Contests

In will contest proceedings, the burden of proof generally falls on the party filing the objection. The objector must demonstrate that one or more of the statutory grounds for invalidation under the Inheritance Law have been met. Specifically, when claiming undue influence, the objector must present evidence establishing that a significant dependency existed between the deceased and the heir, and that undue influence was exercised during the making of the will — meaning the will does not reflect the testator’s true intentions.

The objector may support their claim by presenting documents, photographs, and witness testimony regarding the degree of dependency between the deceased and the heir. If the objector meets the burden of proof, the court may invalidate the will in whole or in part, depending on the circumstances. In that event, the estate is distributed according to the statutory order of inheritance or in accordance with an alternative will, if one exists.

Legal Advice on Contesting a Will

Have you encountered a situation in which you wish to contest a will? Schedule a consultation with us to discuss the legal implications and your options.

Conclusion: If you are considering objecting to a will, it is essential to consult with an experienced attorney who specializes in family law and inheritance. Will contest proceedings involve hearings before the Registrar of Inheritance Affairs and the Family Court — these are complex legal proceedings that require a thorough understanding of the relevant legal framework.

The Family Law and Inheritance Department at Mor & Co. Law Firm has over 15 years of experience in this area. A significant portion of our practice involves will contests, which are complex cases requiring a high level of legal and emotional sensitivity. Our attorneys represent clients in court on a daily basis, and our goal is to provide the highest quality legal service while making our extensive expertise available to every client.