The discovery of a new will, formal defects, or suspicion of undue influence are all legitimate grounds for filing a will contest. The law allows heirs to apply to the Registrar of Inheritances to halt the granting of a probate order. If the Registrar accepts the ground, the matter is referred to the Family Court. At that stage, the guidance of an experienced attorney becomes critical to the success of the process.
What Is a Will Contest and What Does the Law Provide?
In a will the testator determines in advance how their property is to be distributed after their death. The law places great importance on giving effect to the deceased’s wishes, and the will is therefore a central proprietary instrument. Under the law, anyone holding a will must submit it to the Registrar of Inheritances after the testator’s death.
There are, however, cases in which grounds arise to challenge the will. When a potential heir suspects the will does not reflect the deceased’s true wishes, they file an objection to the granting of a probate order. The probate order is the order that authorises the will’s provisions to be carried out. A proper objection may lead to a ruling that changes the manner in which the estate is distributed.
Why Should You Engage a Specialist Attorney?
When you file an objection, the Registrar of Inheritances examines it at a preliminary stage. If they find merit in it, the matter proceeds to full legal proceedings. In court the judge hears testimony and examines evidence in depth.
An attorney is the professional who possesses the knowledge to conduct the trial with determination. They are well versed in the Inheritance Law and in the latest court decisions. An attorney who regularly handles estate cases brings experience from similar matters. In addition, they assist you from the earliest stage of drafting the application to maximise its chances of acceptance.
The Importance of Experience in Handling Will Contests
Choosing an attorney with practical experience is of decisive importance in estate cases. An experienced attorney knows how to present arguments before different judges and is familiar with the complex methods of gathering evidence. They learn from past successes and identify legal pitfalls in advance that could derail the objection.
Furthermore, properly filing an objection requires attaching a declaration signed before an attorney. An attorney familiar with the procedure ensures that all details in the application are complete and accurate. Such thorough work significantly increases the chances of the objection being accepted.
Reputation and an Initial Consultation
Before choosing legal representation, we recommend assessing the firm’s reputation. Attorneys present their successes in various ways, including on their website. You can read reviews or speak with former clients to make an informed decision.
The most important step is holding an initial consultation. At this meeting you can form a personal impression of the attorney and hear their view on the legal strategy appropriate to your case. The attorney will assess your chances of success and explain the steps you need to take.
Please note: The content on this website is provided for informational purposes only and constitutes general information. It does not constitute legal advice, is not a substitute for binding legal counsel, and does not create an attorney-client relationship. In any specific case, seek personalised legal advice from an attorney.
Interested in filing a will contest professionally? Do not leave the estate to chance. Vaknin Yariv Law Office, with offices in Afula and Bnei Brak (B.S.R 4), is at your service. Leave your details on the website or call now to schedule a consultation: 052-2288824.
