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Contesting a will in Israel: the grounds, the timing, and what actually has to be proved

An objection to a will is not a claim that the division is unfair. It is a legal claim that the will is defective: in the testator's capacity, in their free will, in its form, or in the involvement of someone who benefits from it. That distinction decides whether there is a case.

"Almost every enquiry begins with a feeling that something does not add up. Our first job is to translate the feeling into a ground, and to see whether there is evidence for it."

Adv. and Notary Igal Mor · Estate planning and wills
A lawyer explaining a document across a desk beside scales of justice, illustrating an objection to a will
Adv. and Notary Igal Mor
By Adv. and Notary Igal Mor
Updated · About an 8-minute read
Book a consultation02-5953322

What an objection is, and where it goes

When someone seeks to give effect to a will, they apply to the Registrar of Inheritance Affairs for a probate order. Anyone who considers that the will should not be given effect, in whole or in part, files an objection with the same registrar.

The objection is filed with the registry office for the district of the deceased's domicile, and includes:

  • The objector's details, the deceased's details, and the details of all parties concerned.
  • The body of the objection and the documents supporting it.
  • An affidavit verifying the facts, prepared and certified by a lawyer.
  • Proof of payment of the fee, and a power of attorney if the objector is represented.

An important distinction: an objection is not a money claim and not an application to redistribute. It is an application not to give effect to a document. If it succeeds, the outcome is not necessarily what the objector wanted - the statutory scheme, or an earlier will, may apply instead.

When it can be filed

An objection may be filed from the moment the application for an order is made and until the order is issued. The registrar publishes notice of the application, and that notice sets a period for objections.

Two practical conclusions follow:

  • Do not wait. The proposition that an objection can be filed for as long as no order has issued is correct, but risky: an order may issue quickly, and the procedure then becomes different and heavier.
  • An extension can be sought. Where time is needed to gather medical material or take advice, a reasoned application is better than an empty objection filed to stop the clock.

If the order has already issued the route is not closed, but it is narrower: section 72 of the Succession Law allows an application to vary or set aside an inheritance or probate order on the basis of facts or arguments not previously put before the registrar or the court. The more time passes and the more steps are taken in the estate, the harder it becomes.

The grounds of objection

The grounds are anchored in the Succession Law, and each calls for a different kind of evidence. These are the principal ones:

  • The beneficiary's involvement in the making. A provision benefiting the person who drafted the will, who witnessed it, or who took part in its making, is void. This is the strongest ground, because it is assessed on external facts rather than on the testator's state of mind.
  • Lack of capacity. A will made by a person unable to appreciate the nature of a will is void.
  • Defect of will. Duress, threat, undue influence, deceit or fraud.
  • Formal defect. Failure to meet the requirements of one of the four recognised forms of will.
  • A later will. A later will revokes an earlier one to the extent of any inconsistency.
  • Forgery. A serious ground, requiring a handwriting expert's opinion.

On formal defects it is important to remember the other side: the court may uphold a will despite a defect where its basic components are present and there is no doubt as to its authenticity. A technical defect alone is therefore no guarantee of success.

Undue influence

This is the ground most often pleaded, and also the hardest to prove. The difficulty is that the statute does not define undue influence, and the line between the legitimate influence of a close relative and improper influence is not a sharp one.

In a further hearing of the Supreme Court in 1995, Attorney General v. Merom, four auxiliary tests were laid down, which the court uses in reaching its decision:

  • Independence and dependence. How independent the testator was, physically and mentally, at the time the will was made.
  • Dependence and assistance. Whether the beneficiary was the person who provided the assistance the testator needed, and how exclusively.
  • The testator's relationships with others. Whether meaningful relationships remained outside the relationship with the beneficiary, or whether the testator was isolated.
  • The circumstances in which the will was made. Who initiated it, who arranged it, who drove the testator, who was present, and who chose the lawyer.

The tests are aids, not a checklist. It is enough that the overall picture shows the testator's will was replaced by someone else's. Conversely, closeness, devoted care and even living together are not in themselves undue influence.

The testator's capacity

The statute does not ask whether the testator was healthy, but whether they were able to appreciate the nature of a will. It is a focused test: did they understand that they were making a will, the extent of their property, who their natural relatives were, and the effect of the provisions they were making.

Three points decide cases of this kind:

  • The date. The assessment is as at the date the will was made, not the date of death and not the period after it. A diagnosis of dementia six months later does not in itself establish the position on that day.
  • The medical record. Health-fund records, discharge summaries, cognitive assessments and medication taken are all relevant. A file with no medical material is usually a file with no prospects.
  • Those who saw the testator that day. The lawyer who drafted the will, the notary, the witnesses and the treating physician. Their evidence about the testator's condition at the time carries more weight than relatives' impressions years afterwards.

The same point cuts the other way. When making a will for an elderly person, it is worth obtaining a medical opinion close to the date. That is the simple way to render this ground irrelevant in advance.

Burden of proof and evidence

The starting point is that the will is valid. The burden of proving a defect lies on the objector, and the court does not set a will aside on the basis of a feeling, or of a division that looks unjust.

These are the kinds of evidence that make up a proper case:

  • Medical material from the period around the making of the will.
  • The drafting lawyer's file - drafts, attendance notes, meeting dates and who was present.
  • Account movements in the surrounding period, showing who in fact managed the testator's finances.
  • Evidence from carers, neighbours and professionals who are not party to the dispute.
  • Expert opinions - a psychiatrist or geriatrician on capacity, and a handwriting expert on forgery.

The cost has to be weighed alongside all this. Litigating an objection is a long, expensive and emotionally heavy process, conducted between family members who will go on meeting afterwards. An honest assessment of the prospects against the cost is part of the advice, not an appendix to it.

What happens after filing

The objection is reviewed at the registry. If it meets the requirements, the application for an order and the objection are transferred together to the family court, which hears them as an action.

  • Transfer to court. From that point the matter proceeds as an ordinary civil case: pleadings, disclosure, witness statements and cross-examination.
  • The order is held. While the objection is pending no order issues, and the estate is not distributed.
  • Managing the estate meanwhile. Where assets need day-to-day attention, a temporary estate administrator can be appointed.
  • Conclusion. The process can end in judgment, but most files end in agreement.

It is worth knowing in advance that even a successful objection does not necessarily end the dispute. If the will is set aside, the statutory scheme or an earlier will comes into play, and the outcome is sometimes not the one the objector expected.

Alternatives to litigation

Not every dispute about a will has to end in judgment. In many cases a better outcome can be reached faster and at lower cost.

  • An agreement between heirs. Once an order has been made, the heirs may divide the estate differently from what it provides, with the consent of all of them. It is a flexible instrument, and it carries tax consequences too. See agreements between heirs.
  • Mediation. Where the dispute is rooted in relationships and not only in money, mediation allows a solution a court cannot give.
  • A partial concession. Sometimes an arrangement that recognises the claim without setting the whole will aside is enough.
  • A preliminary review only. The drafting lawyer's file and the medical material can be requested before anything is filed, so the decision is made on facts.

The decision whether to object is a commercial and family decision as much as a legal one. Our task is to present both pictures, not only the legal one.

In summary

An objection is assessed by ground and by evidence, not by a sense of injustice. Understanding that in advance leads to a better decision, either way.

  • The objection goes to the Registrar of Inheritance Affairs, from the making of the application until the order issues. After the order the route is narrower.
  • The strongest ground is a beneficiary's involvement in the making of the will, because it is assessed on external facts.
  • On undue influence the court uses four auxiliary tests and looks at the overall picture.
  • Capacity is assessed as at the date the will was made, and a file with no medical material is usually a weak one.
  • The burden lies on the objector, and the will starts from a position of validity.

We act in objections and in defending against them, and also for those who simply want to know whether they have a case before entering a process. See also probate order and wills and inheritance.

Questions and answers

What people ask most often

Who may object to a will?
Anyone with an interest, principally a statutory heir whose share the will reduces, a beneficiary under an earlier will, or a creditor of the estate. There is no need to be a relative, only to show an interest.
Until when can an objection be filed?
From the moment the application for an order is made until the order issues. The registrar publishes notice of the application, and the notice sets a period for objections. It is unwise to wait: an order may issue quickly.
What if the order has already been made?
An application can be made under section 72 of the Succession Law to vary or set aside the order, on the basis of facts or arguments not previously put forward. The more time passes and the more steps are taken in the estate, the harder it becomes.
What must accompany an objection?
The body of the objection and the supporting documents, an affidavit verifying the facts prepared and certified by a lawyer, proof of payment of the fee, and a power of attorney if the objector is represented.
Which is the strongest ground?
Usually the beneficiary's involvement in the making of the will. A provision benefiting the person who drafted it, witnessed it, or took part in its making is void, and that is assessed on external facts rather than on the testator's state of mind.
How is undue influence proved?
The court uses four auxiliary tests laid down in the case law: independence and dependence; dependence and assistance; the testator's relationships with others; and the circumstances in which the will was made. They are aids, not a checklist, and the question is whether the testator's will was replaced by another's.
Is devoted care of a parent undue influence?
Not in itself. Closeness, care and even living together are not improper. The question is whether a dependence arose that led the will to reflect the carer's wishes rather than the testator's.
As at what date is capacity assessed?
As at the date the will was made. The testator's condition in later years, and even a later diagnosis of dementia, do not in themselves establish the position on that day.
What evidence is needed on a capacity claim?
Medical material from the period around the making of the will, including records, discharge summaries and cognitive assessments; evidence from those who saw the testator that day; and sometimes an opinion from a psychiatrist or geriatrician.
Who bears the burden of proof?
The objector. The starting point is that the will is valid, and the court does not set one aside on the basis of a feeling or of a division that looks unjust.
What happens to the estate during the process?
While the objection is pending no order issues and the estate is not distributed. Where assets need day-to-day attention, a temporary estate administrator can be appointed.
If the objection succeeds, will I inherit more?
Not necessarily. Setting the will aside returns the position to the statutory scheme or to an earlier will, and the outcome is sometimes not what the objector expected. That is one of the checks to make before filing rather than after.

All pages in the Family and Inheritance department

Family and Inheritance Department

Before filing, establish whether there is a case

A short consultation meeting to identify the ground behind the claim, the evidence it needs, and what is likely to happen if the objection succeeds.

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