What happens if there is a will but a request for an inheritance order was submitted without taking it into account?
What happens if there is a will but an application for a succession order is filed without considering it? Explanation: In the case where there is a will that the deceased left before his death, it has priority over an inheritance at law. A will allows the deceased to determine how his estate will be distributed and to whom. If an application for a succession order is filed while ignoring the existence of a will, an objection can be filed. Example: Reuven died and left a will in which he bequeaths all his property to his brother, Shimon. However, Reuven's children filed an application for a succession order at law, while ignoring the will. In such a case, Shimon can file an objection to the succession order, claiming that there is a legal will.
What do you do when a will is discovered that is later than the will on which the request for the inheritance order is based?
Objection to an inheritance order due to a later or additional will Question: What should be done when a later will is discovered than the will on which the application for an inheritance order is based? Explanation: In the event that there is a later will than the one on which the heirs rely, the new will cancels the previous one. An objection to an inheritance order can be filed if it is based on a previous will that is no longer valid. Example: Dina left a will in 2015 in which she bequeathed her apartment to her two children. In 2022, she made a new will in which she bequeathed the apartment to her brother, claiming that her children had separated from her. Her children filed an application for an inheritance order based on the will from 2015, but her brother can file an objection and demand that the later will be executed.
How can you prove that the will was signed under duress or was written fraudulently?
Objection to a Will Due to Forgery or Undue Influence Question: How can it be proven that a will was signed under duress or was written fraudulently? Explanation: Sometimes, heirs or third parties may unfairly influence the deceased and cause him to change his will against his will. If there is a suspicion that the deceased signed a will under duress, psychological pressure, or fraud, an objection to the will can be filed. Example: Yossi, an elderly and sick man, made a new will in which he bequeathed all of his property to his caregiver, while ignoring his children. After his death, his children discovered that the caregiver had exerted severe psychological pressure on him and distanced him from them. In such a case, they can file an objection on the grounds that the will was drawn up under undue influence.
When can it be claimed that the deceased was not competent to make a will?
If at the time the will was drawn up, the deceased was in an impaired cognitive state, suffered from dementia, Alzheimer's, or any other medical condition that affected his judgment, it can be argued that he was not legally competent to sign the will.
What can be done if a legal heir is not included in the request for the succession order?
If a legal heir was not mentioned in the application for a succession order, he has the right to file an objection. Sometimes it happens that a party files an application for a succession order while ignoring other heirs, whether intentionally or by mistake. Example: Haim died leaving behind three children, but his eldest son filed an application for a succession order without mentioning his brother. In such a case, the other brothers can file an objection, claiming that they have rights to the inheritance.
Can an inheritance order be appealed if a will included conditions that were not met?
When a will sets certain conditions as a condition for inheritance, but they were not met, it can be argued that the inheritance is invalid. Sometimes, people receive an inheritance contrary to the provisions of the will. Example: The deceased stipulated in his will that his grandson would receive his apartment on the condition that he completes his bachelor's degree. After his death, the grandson requests an inheritance order in his favor, even though he did not complete his studies. In such a case, an objection to the inheritance order can be filed.
Can the deceased's creditors prevent the issuance of a succession order?
If the deceased left significant debts, creditors can file an objection to the succession order to ensure that the debts are covered before the estate is distributed to the heirs. This is because the inheritance is only distributed after the deceased’s debts are paid. Example: Jacob died while he owed a large sum to the bank. His children requested a succession order to divide his assets between them, but the bank filed an objection to the order on the grounds that the estate must first cover the debt.
