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The grounds for objecting to the execution of a will
The purpose of a will is to determine who will be a person’s heirs after his death, and what share each will be entitled to in his estate. However, there are cases where the will It does not reflect the the person”s will since it was under the unfair influence of one of the heirs. If such a situation occurs, it is possible to file an objection to the order to maintain a will and have it disqualified, so that the estate will be distributed according to law or according to an alternative will.
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
Objections to a will's execution
At the time of the death of a person who left behind a will, the heirs must obtain an order for the execution of a will, in order to distribute the estate. Upon submitting the application, any person interested in it may object on the basis of one or more of the grounds for objection in the Law of Inheritance. In the event that an objection is filed, the case will be transferred from the Registrar of Inheritance to the Family Court for further discussion and resolution. One the one hand, there are the heirs seeking to execute the will, and on the other hand, there are those who oppose the will, claiming it should be disqualified, in whole or in part, due to a legal disqualification.Inheritance To determine whether to invalidate the will, the court will attempt to locate the will of the deceased and, usually, it will only invalidate the will if it is convinced that it does not reflect his true wishes.
Influence that is unwarranted
The most common cause of opposition to a will is undue influence. Section 30 (a) of the Inheritance Law provides the following information:A. Because a testamentary instruction made due to rape, threat, unfair influence, trickery or fraud is void. There is now a question as to what constitutes unfair influence since the heirs are usually family members of the testator. Furthermore, there is no prohibition against talking to the testator about his will and even trying to persuade him to leave one or more properties to the beneficiary. However, unfair influence goes beyond these and is defined as the substantial dependence of the testator on one or more heirs.
Tests of dependency
It has been established by the courts over the years that the question of whether an unfair influence was exerted on the testator will be determined in accordance with the degree of dependence on the testator by the heir.. This is reflected infour key parameters:
burden of proof
As part of opposition to the will, the burden of proof is usually put on the shoulders of the opponent hewill have to show that one or more of the reasons for disqualification in the inheritance law have been met. Likewise, Regarding the claim of unfair influence on the testator, So, the opponent of the will will be required, to provide evidence to the court that a significant dependency exists between the deceased and the heir and establish that unfair influence was exercised during the making of the will, on the part of the heir on the testator and this therefore does not reflect the true will of the deceased. It is possible for the opponent to support his claim by presenting various documents, photos, bringing witnesses to testify to the degree of dependence between the deceased and the heir, etc. If the opponent meets the burden of proof, the court disqualifies the will, either in whole or in part, depending upon the circumstances. As a result, the inheritance will be divided according to the order of inheritance in the law, or in accordance with an alternative will, if there is one.
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In Conclusion
If you wish to object to a will, you should consult with an experienced attorney who specializes in family law and inheritance.
Opposition proceedings involve proceedings before the registrar of inheritance / family court; these are legal proceedings that require a thorough understanding of a variety of legal systems.
Mor & Co. Law Firm’s Family Law and Inheritance Department has extensive experience in this area. A majority of our cases involve objections to wills, which are complex cases involving a high level of legal and emotional involvement. On a daily basis, the department is involved in representation and litigation in courts.
Our goal is to fulfill our clients’ needs to the best of our ability and to make our rich experience in the field available to them.
We invite you to contact us at 02-595-3322 or WhatsApp at 050-811-6181 for legal advice (with No obligation) regarding will objection procedures.
