Wills Attorney | Wills & Inheritance Law
Appealing a Will — Legal Guide
How to file an objection to a will, what grounds are recognised, what evidence is required, and how mediation can save a lengthy court process.
What Is an Appeal Against a Will — Objection to a Probate Order
When an application for a Probate Order is filed with the Inheritance Registrar, anyone who believes the will is invalid can file an objection. The Inheritance Registrar reviews the objection and decides whether to approve the will, reject it, or refer the matter to the Family Court.
It is important to act quickly — once the Probate Order is issued, appeal proceedings in court are more complex and more expensive. Seeking legal advice immediately upon learning of the will allows the prospects to be assessed and action taken in time.
Who can file an objection? Anyone with an interest in the estate — a statutory heir whose rights are prejudiced by the will, or a beneficiary under a previous will that the new will revokes.
Grounds for Challenging a Will
Lack of capacity: The testator was not able to understand the significance of the will at the time of making it — due to dementia, serious mental illness, or another medical condition. The testator's cognitive state at the time of signing must be proved — usually through medical records and a psychiatric opinion.
Undue influence: Another person used the testator's dependence, pressure, exploitation, or manipulation to dictate the contents of the will. This ground is difficult to prove but possible — particularly when the will drastically changed the distribution of assets without a logical explanation.
Formal defect: The will does not meet the formal requirements of the law — unsigned, not entirely handwritten (for a handwritten will), disqualified witnesses, or other defects. Minor formal defects are sometimes "cured" by courts — but substantive defects lead to invalidity.
How to File an Objection — Step by Step
Step one — advice and assessment of prospects: Before any application, it is important to consult an attorney and understand whether there is a genuine ground and what the realistic chances are. Will appeal proceedings are lengthy and expensive — and not every family dispute justifies them.
Step two — filing the objection with the Registrar: An objection is filed with the Inheritance Registrar before the Probate Order is issued. The grounds must be set out and initial evidence attached. The Registrar will consider the objection and decide how to proceed.
Step three — mediation or court proceedings: After filing the objection, mediation can be attempted — it is faster and cheaper. If mediation fails, the dispute is referred to the Family Court for a hearing.
Mediation Before Filing an Objection — the Preferred Option
Will disputes are often deep family conflicts — that leave scars even after a legal resolution. Mediation allows the parties to reach an agreement that everyone accepts — while preserving mutual respect and family relationships.
Adv. Liron Yitzhak Elmaliach is a certified mediator — and can conduct mediation proceedings between family members who disagree on an inheritance or will. Mediation is incomparably faster and cheaper than court proceedings, and allows creative solutions that are not available in court.
Not every dispute is suitable for mediation — but it is recommended to try before commencing litigation. Free initial consultation to assess suitability for mediation.
Frequently Asked Questions — Appealing a Will
Everything you wanted to know about filing a will objection in Israel
Have a Question About a Will or Inheritance?
Free initial consultation — Adv. Liron Yitzhak Elmaliach