Every will rests on a supreme value: honouring the deceased’s true wishes. Israeli law enshrines the right of every person to determine how their estate is distributed. In 2026 we are seeing a rise in cases that raise serious suspicion — documents submitted by one side that do not reflect the deceased’s actual intentions, or situations where someone applied unlawful pressure. In such circumstances the law allows you to file an objection to the granting of a probate order.
The Legal Bar: When Does a Will Become Invalid?
When an heir applies for a probate order, you enter a race against the clock. You must file your objection within the deadline set by the Registrar — usually 30 days from the date of publication in the official gazette. At Vaknin Yariv Law Office we examine the case according to the following four key grounds:
1. Lack of Cognitive Capacity (The Primary Ground)
The law regards a will as valid only if the testator was “of sound mind” at the time of signing. The decisive question is: “Did the deceased understand the nature of what they were signing?” If they suffered from dementia, Alzheimer’s, or a psychotic condition, the court will invalidate the will.
How do we prove this? We engage medical experts and analyse medical records from the period immediately before signing to reveal the testator’s true mental state.
2. Undue Influence (The Difference Between Assistance and Exploitation)
The law distinguishes between legitimate assistance and exploitation of dependency. Beyond the technical involvement prohibited under Section 35, we apply the case-law tests:
- Dependency and assistance test: Was the deceased entirely dependent on the heir for their daily needs?
- Isolation test: Did the heir deliberately cut the deceased off from contact with their family?
- Involvement in drafting: If an heir took an active part in the wording or was present at signing, the court may void the provision benefiting that heir.
3. Conflicting Wills and Forgery
Have you discovered a later will? Do you suspect the deceased did not personally sign the document? We engage forensic handwriting experts. The rule is clear: the most recent validly executed will is the binding one.
4. Formal Defects Raising Suspicion
The absence of a date or a shortage of witnesses casts doubt on the will. We sometimes find provisions that are unlawful or contrary to public policy. Such defects may cause the court to invalidate the will in its entirety.
Why Choose the Estates Department of Vaknin Yariv Law Office?
Contesting a will is a legal “battle” that demands evidential precision and family sensitivity.
- Litigation experience: The family and estates department is headed by Adv. Shlomit Asraf Schneider, a specialist in uncovering hidden facts and preventing asset concealment.
- Comprehensive strategy: Adv. Yariv Vaknin builds the legal attack or defence line, harnessing local and international experts for complex cross-border asset cases.
Please note: The content on this website is provided for informational purposes only. It does not constitute binding legal advice.
Concerned that the will submitted by the other side is forged? Don’t let time slip away. Leave your details on the website or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824 We are here to ensure justice is done and the deceased’s wishes are preserved.
