Contesting a Will: When It Is Possible, Until When, and How It Works

A will is supposed to settle questions, but sometimes it raises them. A family member surprised by the distribution, a concern that the deceased was not lucid, or unusual involvement by someone who stands to benefit. This article explains when a will can be contested, who may do so, on what grounds, and what the process looks like from the moment an application to probate the will is filed.

What is an objection to a will

After a death, anyone who wants to carry out a will files an application for a probate order with the Registrar of Inheritance Affairs. The application is published so that anyone with an interest can learn of it. An objection is the formal way of saying: this will should not be given effect, in whole or in part.

Once an objection is filed, the Registrar does not decide it alone. The case is transferred to the Family Court, where it is heard like any other legal proceeding.

Who may object

Under the Succession Law, anyone with an interest in the estate may file an objection. Usually this means:

• Heirs at law, who would have received a share had there been no will, for example children or a spouse.
• Beneficiaries under an earlier will who received less, or nothing at all, under the later will.

Grounds for objection

Dissatisfaction with the distribution is not a ground. The Succession Law respects the testator's wishes, so an objection must be based on one of the grounds the law recognizes:

• Undue influence: When another person took control of the testator's will. Case law examines, among other things, how dependent the testator was on the beneficiary, the testator's ties with other people, and the circumstances in which the will was made.
• Testamentary capacity: A will made by someone who could not understand the nature of a will at the time it was made, for example due to a cognitive condition, may be voided.
• Coercion, threats, trickery or fraud: A will made in these ways is void.
• Beneficiary involvement in drafting: A provision that benefits the person who drafted the will, witnessed it, or took part in drafting it is void under the law.
• Formal defects: Missing elements in the signature, date or witnesses. Not every defect voids a will: the court may uphold a will with a formal defect when there is no doubt that it reflects the testator's wishes.
• Forgery: When there is a suspicion that the will or the signature on it is not genuine. In such cases, an opinion from a handwriting expert is usually obtained.

The type of will changes the picture

The law recognizes four types of wills: handwritten, before witnesses, before an authority, and oral. Each type has its own formal requirements. A will before witnesses, for example, requires two witnesses who confirmed that the testator declared it to be their will and signed it in their presence. Checking the will against these requirements is usually the first step in any review.

How long you have to file

Time is the critical factor. After the application for a probate order is published, there is a short window in which an objection can be filed before the Registrar issues the order. Someone who learns of the application late does not necessarily lose their right: even after an order is granted, the court can be asked to amend or revoke it, in circumstances the law allows. But that is a harder path.

If you have reason to think a will is about to be submitted for probate, it is worth checking the status of applications with the Registrar of Inheritance Affairs now, rather than waiting.

What the process looks like

1. Filing the objection: A reasoned statement of objection and an affidavit setting out the facts, filed with the Registrar of Inheritance Affairs.
2. Transfer to the Family Court: The Registrar transfers the case, and the court manages it.
3. Evidence: Medical records, testimony, expert opinions, and sometimes testimony from the lawyer who drafted the will.
4. Ruling or settlement: Many cases end in an agreement between family members, sometimes through mediation. Others end in a judgment.

What evidence helps

• Medical records from the period when the will was made.
• Earlier wills, and the changes between them and the final will.
• Who hired the lawyer, who drove the testator, who was in the room.
• Witnesses who knew the testator and their condition at that time.

What to do now

Gather what you have: a copy of the will if you received one, earlier wills, medical documents, and a list of people who can testify. With this material, it is possible to assess whether there is a real ground, what the chances are, and what the timeline is.

Objections to wills are part of the inheritance and wills practice at the office of Adv. Shay Zohar in Ramat Gan, alongside Family Law. If this is relevant to you, you can Schedule a meeting at the office.

The information in this article is general and does not constitute legal advice. Each case is assessed on its own facts and documents, and the deadlines in a specific case should be checked with a lawyer as soon as possible.