If you are holding the will of a relative who has died, or you have learned that someone else has applied to probate a will you believe is flawed, you are standing at a crossroads where time is working against you. There is a short window to file an objection, and if you miss it, the will can take on the force of a judgment. This article walks through the process from the very beginning: from the moment the application is published until the matter is fully litigated.
Where the Process Begins
Every application for a probate order (צו קיום צוואה) is filed with the Registrar of Inheritance Affairs (הרשם לענייני ירושה). Once the application is submitted, the Registrar publishes a public notice - in a newspaper and on the website of the Administrator General (האפוטרופוס הכללי). The purpose of the publication is to give anyone who considers themselves harmed the chance to object before the order is granted.
This is the stage at which you need to act. If you suspect the will was signed under problematic circumstances, do not wait. The moment the order is issued, the route to cancelling it becomes far longer and more complicated.
The Deadline for Filing an Objection
Publication opens a fixed period of 15 days for filing an objection (התנגדות). The timeframe is short, so it is worth consulting a lawyer as early as possible so as not to forfeit the right to object.
If you anticipate that you will not be able to formulate your position in time - for example, when you have not yet obtained all the relevant medical records - you can ask the Registrar for an extension of time to file. Such a request must be reasoned, and it is best submitted before the original deadline has passed.
Who May Object, and What the Objection Must Say
The right to object is not reserved for heirs at law. A beneficiary under an earlier will, a creditor of the estate, or anyone with a genuine interest in the fate of the property may be a party to the proceedings.
The objection itself is filed in writing and supported by an affidavit (תצהיר). A general assertion that “the will is invalid” is not enough. You must set out the specific ground. The common grounds are:
- Lack of testamentary capacity: a claim that the deceased did not understand the nature of their actions when the will was made, for instance due to illness or cognitive decline.
- Undue influence (השפעה בלתי הוגנת): where a close person exploited dependence or weakness to shape the content of the will.
- Involvement of the beneficiary in drafting: where the person who benefits under the will took part in preparing it, which can invalidate their share.
- Formal defect: a missing signature, absence of witnesses, or failure to meet the formal requirements for that type of will.
- Forgery: a claim that the signature or the document itself is not authentic.
The more your claims are backed by documents, medical files, expert opinions and testimony, the stronger your position will be from the outset of the proceedings.
Fees, Forms and the Actual Filing
The objection is filed with the office of the Registrar of Inheritance Affairs where the original probate application was submitted. Filing requires payment of a fee - a few hundred shekels, updated from time to time. It is worth checking the current rate on the Registrar’s website or with our office before filing.
The objection is submitted with copies for all parties involved, together with the affidavit and all supporting documents. Be aware that a false affidavit can expose you to liability. For that reason it must be drafted carefully and with a high degree of precision.
What Happens After Filing: The Move to Court
This is one of the stages that confuses clients most. The Registrar of Inheritance Affairs has no authority to decide the dispute. Once a substantive objection is filed, the file is transferred to the competent Family Court (בית המשפט לענייני משפחה), where the conflict is heard on its merits.
From this point the matter proceeds as a full legal action: pleadings are filed, witnesses are examined, and at times the court appoints its own expert - for example a handwriting expert where forgery is alleged, or a medical expert on the question of capacity. In the end, the court decides whether to uphold the will, cancel it entirely, or set aside part of it.
At this stage representation is strongly advisable. Will disputes turn on precise burdens of proof. Someone raising a claim of undue influence needs to know how to establish it, and whoever is defending the will needs to know how to rebut it.
A Word on Cost Versus Benefit
Contesting a will can take time and sometimes drags along significant costs. Alongside the legal question - “is there a ground?” - it is worth weighing the practical one: does the size of the estate and the likelihood of success justify the fight, and is there a path to an agreed arrangement among the heirs. More than once, a negotiated solution is preferable to years of litigation.
If you are weighing whether to file an objection, or you have received notice of an objection filed against a will in your hands, contact us early. A preliminary assessment of the odds is the single most important step you can take.
