How can it be proven that the will was forged or that the deceased signed it under duress?
A will should reflect the free will of the testator. If there is evidence that the will was forged, made under undue influence, coercion or fraud, an objection to the will execution order can be filed. Example: Yitzhak, an 89-year-old man, changed his will a few months before his death and bequeathed all his property to his neighbor, excluding his children. After his death, his children discovered that the neighbor had exerted continuous pressure on him and distanced him from his family. In such a case, an objection to the will execution order can be filed and a legal inquiry can be requested regarding undue influence.
Can a will be challenged if the deceased was incompetent when it was written?
A will made by a person who was cognitively or legally incompetent at the time of signing may be considered invalid. If the deceased suffered from dementia, Alzheimer's or serious medical effects at the time the will was made, an objection may be filed.
What happens if a new will is found that contradicts the original will?
If the deceased wrote a new will after the will on which the application for a probate order was filed, the later will cancels the previous one. In such a case, an objection may be filed on the grounds that the new will should be enforced.
Can technical defects in a will cause it to be invalidated?
Israeli law requires compliance with formal requirements for making a will, such as the testator's signature, witnesses to the signature, etc. If the will does not meet these requirements, it can be argued that it is invalid and an objection can be filed to the order of its existence.
Can a will be challenged if it contains errors or unclear wording?
If a will contains a spelling error, ambiguous wording, or an internal contradiction that makes it difficult to understand the testator's intent, an objection may be filed. In such a case, the court may request clarification or even rule that the will is invalid.
Can a will be challenged if circumstances have changed since it was written?
Can a will be challenged if circumstances have changed since it was written? Explanation: If there has been a significant change in the deceased's life circumstances since he wrote his will (such as marriage, divorce, birth of new children, etc.), it may be possible to argue that the will no longer reflects his current wishes.
Can a will be challenged if the deceased verbally instructed otherwise before his death?
In the case of a person who is dying (lying in a state of illness), the law allows an oral will to be recognized provided that it was spoken before two witnesses who were registered as soon as possible. If it is known that the deceased expressed a different wish than what is written in his will
Can a well-known person file an objection if he was not mentioned in the will?
According to the law, a public figure is entitled to inherit from his or her spouse even if they were not officially married to him or her, as long as they lived together. If a will denies the rights of a public figure, an objection can be filed claiming recognition of his or her right to inheritance.
Can a will be challenged if a prior agreement was signed between the heirs?
Objection to a Will Execution Order Due to a Prior Agreement Between Heirs Can a will be challenged if a prior agreement was signed between the heirs? Explanation: If there is a prior agreement between the heirs regarding the division of the estate, but the will conflicts with the agreement, an objection can be filed on the grounds that the testator was bound by the signed agreement.
Can a will be challenged if one of the legal heirs dies?
Explanation: Although a will reflects the testator's wishes, the law states that in certain cases a will that unfairly prejudices a legal heir can be challenged. When an heir is completely excluded from the will without a clear explanation, an objection can be filed on the grounds of deprivation of his rights.
