משרד עורכי דין ואקנין יריב, Author at Adv

The principle behind drafting a will is simple. Every person owns their property during their lifetime. Justice therefore demands that they be allowed to determine what will happen to it after their death. A valid will prevents family disputes and settles the distribution of the estate clearly. Nevertheless, in 2026 we encounter many cases in which substantive or formal defects cause the state to invalidate a will. In this article we explain the grounds for invalidation and detail how we protect your interests throughout the process.

How Does a Court Actually Invalidate a Will?

After a person’s death, their rights pass to the heirs. The distribution is carried out pursuant to the Inheritance Law or in accordance with an existing will. Legal representation ensures an orderly distribution. Nonetheless, we sometimes identify defects that undermine the document’s validity.

When you file a justified objection, the Registrar transfers the case to court. The judge examines the evidence according to two cardinal principles: legal validity and faithful reflection of the deceased’s wishes. If we prove that either has been compromised, the judge will order the will’s invalidation.

Ground 1: Improper Involvement by a Beneficiary (Section 35)

A will must reflect a pure expression of intent. The law invalidates a will if one of the heirs took part in drafting it.

Presence at signing: if an heir was present in the room at the time of signing, the court may void that heir’s portion.
Influence over the wording: active involvement with the drafting attorney raises serious suspicion. In such situations we identify undue influence over the testator.

Ground 2: Will Made Under Duress or Violence

The law takes a serious view of threats or exploitation of vulnerability. We work to prove physical, psychological, or financial coercion in court. If the testator acted out of fear, the judge will invalidate the document. In such cases the will reflects the wishes of the person who applied pressure, not those of the deceased.

Ground 3: Unclear Identity of Heirs

Drafting a will without professional guidance sometimes leads to ambiguous instructions. The testator may define heirs without precise identification. Without a name and ID number, the court may invalidate the provision. A skilled attorney translates the testator’s wishes into precise legal language, preventing double interpretations.

Ground 4: Discovery of a Later Will

The Inheritance Law provides that the most recent will is the governing one. If a more recent and valid will is discovered, it supersedes the earlier one. We assist heirs in locating and verifying later wills, ensuring that the deceased’s final wishes are carried out.

Frequently Asked Questions — Will Invalidation

Who may file an objection to a will?

Any person with a “legitimate interest” may object. This includes heirs who were disinherited or beneficiaries under earlier wills. The deceased’s creditors may also act in this way.

Can only part of a will be invalidated?

Absolutely. The court has the authority to invalidate a specific defective clause while leaving the rest of the document in force. We demonstrate that the defect is confined to a single provision.

How long is there to challenge a will after the death?

You must act within the period set in the Registrar’s notice — typically 30 days from publication. After the order is confirmed, the evidentiary threshold for invalidation rises significantly.

Why Choose the Estates Department of Vaknin Yariv Law Office?

Managing such a case demands expertise in evidence law and family sensitivity. The department is headed by Adv. Shlomit Asraf Schneider, who brings years of experience representing clients in complex estate disputes.

Adv. Yariv Vaknin builds a comprehensive legal strategy for you. We combine professional expertise with complete discretion. The firm operates from offices in Afula, Bnei Brak, New York, and Tbilisi.

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 defective? Need protection? Leave your details on the website or call Adv. Yariv Vaknin for a consultation: 052-2288824 We are here to ensure that justice is done and the deceased’s wishes are carried out.

The death of a person immediately raises the question of how their property is to be distributed. Israeli law provides two main paths for dividing an estate: inheritance by will and inheritance by law. While a will reflects the deceased’s explicit wishes, intestate succession is the mechanism the legislature established for cases where no will was left. In this article we detail the “order of heirs” and explain how division is carried out in practice in 2026.

Track One: Inheritance by Will

This is the legally simplest scenario (provided the will is valid). We distribute the estate exactly according to the instructions the deceased wrote before death. A will overrides the default rules of law and allows the testator to leave assets to people who are not family members, or to favour one heir over another.

Track Two: Intestate Succession — When There Is No Will

When a person dies without leaving a will, the Inheritance Law sets out a fixed “roadmap” for distribution. We follow the system of “parentelas” — distribution to the nearest relatives by degree of kinship.

1. The Basic Division: Spouse and Children

This is the most common scenario. In this case the estate is divided as follows:

Spouse: receives one half (50%) of all property, plus the couple’s car and movable personal belongings (furniture and household effects).
Children: share equally in the remaining half of the estate.
Additional rights for the widow/widower: beyond the general share, a widow may also be entitled to her ketubbah payment and even maintenance from the estate in cases of proven financial need.

2. Inheritance by Common-Law Partners

Israeli law grants equal rights to common-law partners, provided two conditions are met:

Neither partner was married to another person at the time of death.
The surviving partner proves they maintained a joint household and family life. We assist common-law partners in establishing the evidence required to secure their share of the estate.

3. Division with No Children

If the deceased left a spouse but no children:

Spouse vs. deceased’s parents: the division is equal (50% to each side).
Spouse vs. deceased’s siblings (or grandparents): the spouse receives two-thirds (2/3) of the estate, and the remainder is divided among the siblings.

Frequently Asked Questions — Estate Division

Does a grandchild inherit if the deceased’s child predeceased them?

Yes. The law operates on the principle of “representation”: if one of the deceased’s children predeceased the deceased, that child’s own children (the deceased’s grandchildren) step into their shoes. They inherit exactly the share that would have gone to their parent, and divide it among themselves equally.

Can intestate distribution be challenged?

The statutory distribution is a legislated default. It can be challenged only in two main circumstances: if a later will is discovered (which takes precedence over the law), or if there is an error in the identity of the heirs (for example, the discovery of an additional descendant of the deceased not included in the original application). We represent heirs in clarifying their rights and filing objections to erroneous inheritance orders.

What is the difference between the estate and the couple’s jointly owned property?

This is a critical point. Jointly owned property belongs to both spouses by virtue of their shared life (typically 50% each). The estate — the property to be divided among the heirs — includes only the deceased’s share of the jointly owned property (half the apartment, for example), plus any assets that were solely in the deceased’s name. We ensure that property separation is carried out lawfully before estate distribution begins, in order to protect the surviving spouse.

Why Choose the Estates Department of Vaknin Yariv Law Office?

Understanding the order of heirs is only the first step. The real complexity begins when you seek to realise those rights at banks, the Land Registry, and against opposing parties. Adv. Yariv Vaknin leads the legal strategy for managing and distributing complex estates in Israel and abroad, bringing years of experience in conducting proceedings for a fair and precise division of family assets.

Please note: The content on this website is provided for informational purposes only and constitutes general information. It does not constitute legal advice and is not a substitute for binding legal counsel.

Need to realise an inheritance or clarify the order of heirs? Leave your details on the website or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824 We are here to ensure every heir receives what they are entitled to under the law.

Israeli inheritance law enshrines one supreme value: the free expression of the testator’s wishes. To ensure that the assets you have accumulated during your lifetime reach the right hands, you must choose the method of execution that best suits your personal circumstances. In 2026, knowing the different options allows you to prevent costly family disputes. In this article we review the four legally recognised forms of will and the nuances that will protect it in court.

The Guiding Principle: Why Does the Law Require a Specific Form?

Behind every formal requirement lies the logic of “honouring the deceased.” Because after your death you will not be able to testify to your intentions, courts examine whether the will meets the procedural rules set by the legislature. Choosing the right type of will gives it legal immunity and shortens the path for the heirs to obtain a probate order.

1. Will with Witnesses: The Most Common and Recommended Form

This is the most prevalent type of will in Israel. The will is drawn up in writing (usually printed) and signed in front of two witnesses.

Golden rules for a witnessed will:

Witnesses: must be over 18 and legally competent.
Prohibition on beneficiaries: the law invalidates any provision that benefits a witness or their spouse. We ensure the witnesses are entirely neutral parties.
Order of procedure: the testator declares before the witnesses “this is my will” and signs in their presence. The witnesses then attest by their signatures to the proceedings at that moment.

2. Holographic Will (Handwritten Will)

The law allows you to write the will yourself, without witnesses or attorneys present.

Validity requirements:

Personal handwriting: every character of the will must be written in the testator’s own hand only.
Date and signature: the document must include a full date and a handwritten signature.
The risk: such a will is more vulnerable to claims of forgery or lack of capacity. We recommend depositing it with the Registrar of Inheritances to strengthen its standing.

3. Will Before an Authority: The Highest Legal Robustness

This will is submitted or declared before an official: a judge, a religious court judge, the Registrar of Inheritances, or a notary.

Key advantages:

No witnesses required: your declaration before the legal authority substitutes for witness presence.
Immunity from challenge: it is very difficult to attack a will that was confirmed by an official who verified your competence in real time. Our firm accompanies many clients in executing fast and professional notarial wills.

4. Oral Will (Deathbed Declaration)

This method is for emergency situations only, when a person faces imminent death or a real life-threatening danger.

Strict conditions:

Two witnesses present: they must hear the testator’s words and understand the language used.
Written memorandum: the witnesses are required to record the declaration and deposit it with the Registrar of Inheritances promptly after the event.
Limited validity: the will is automatically revoked one month after the mortal danger has passed, if the testator survives.

Mutual Will: The Modern Solution for Couples

Beyond the four types, in 2026 we see widespread use of the mutual will. This is a joint document in which spouses rely on each other. The mutual will secures the future of the surviving spouse and prevents children or other relatives from claiming their share of the assets (such as the family home) prematurely.

Why Choose the Estates Department of Vaknin Yariv Law Office?

Choosing the type of will is a strategic decision that affects generations to come. The family and estates department is headed by Adv. Shlomit Asraf Schneider, who brings rich experience in tailoring the type of will to the asset structure and unique family dynamics of each client.

Adv. Yariv Vaknin builds the legal protection framework that will ensure your wishes are carried out in full. We represent you professionally from our offices in Afula, Bnei Brak (B.S.R 4), New York, and Tbilisi.

Would you like to draft a will that gives you peace of mind? Leave your details on the website or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824 We are here to ensure that everything you have built reaches the right hands.

When a person passes away, they leave behind an estate comprising assets, money, and rights. The Israeli legal system seeks first and foremost to honour the deceased’s wishes. However, there are exceptional circumstances in which the state intervenes and determines that a particular person is a “disqualified heir.” In such cases the person loses their right to inherit, even if the deceased chose them in a will. In this article we explain the grounds for disqualification and how we safeguard the integrity of the estate in 2026.

What Is the Legal Rationale Behind Heir Disqualification?

The concept of a “disqualified heir” is grounded in absolute justice. The assumption is that the testator would not have left their assets to a person who acted against them with malicious intent. The law presumes that had the deceased known of the heir’s actions, they would have disinherited them of their own accord. Granting an inheritance to a person who harmed the testator offends the foundational values of society.

The Main Grounds for Disqualification Under Section 5 of the Inheritance Law

The law defines a closed list of circumstances that result in automatic disqualification from the estate:

1. Causing the Testator’s Death or Attempting to Do So

This is the most serious ground. A person convicted in court of intentionally causing the testator’s death is immediately disqualified. The law also applies to a person convicted of attempting to murder the testator. The state prevents the absurd situation of “you murdered and you also inherit.” We encounter these cases when an heir attempts to accelerate receipt of the assets by criminal means.

2. Forgery, Concealment, or Destruction of a Will

The law protects the document that reflects the deceased’s wishes. An heir will be declared disqualified if convicted of any of the following:

Will forgery: creating a false document in order to obtain assets.
Will concealment: hiding the original document so the estate is distributed according to law.
Will destruction: physically damaging the document to alter the order of heirs.

Can the Testator Forgive the Disqualified Heir?

The law allows a narrow window of grace. A person convicted of attempting to harm the testator (but not causing their death) can return to being a lawful heir. The condition is that the testator explicitly forgave them in writing. The forgiveness must be effected by executing a new will or by an official declaration admissible in court.

Consequences of Disqualification: Where Does the Share Go?

When an heir is disqualified, their share in the estate does not “disappear.” The law provides that their portion is distributed among the other lawful heirs, as if the disqualified heir had predeceased the testator. We assist the remaining heirs in realising their right and ensuring that the property reaches deserving hands.

Why Choose the Estates Department of Vaknin Yariv Law Office?

Managing “disqualified heir” cases requires a combination of criminal law expertise and family law specialisation. The family and property department is headed by Adv. Shlomit Asraf Schneider, who brings years of experience in exposing fraudulent conduct and building litigation strategies in complex estate cases.

Adv. Yariv Vaknin leads the legal strategy for protecting the family’s assets and the deceased’s honour. We represent you with professionalism and complete discretion from our offices in Afula, Bnei Brak (B.S.R 4), New York, and Tbilisi.

Concerned that an heir acted fraudulently or with malicious intent? Need to protect the estate? Leave your details on the website or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824 We are here to ensure that both legal and moral justice is done.

Inheritance is something most of us encounter at some point in life. When a person passes away, their property passes to their heirs according to a will or under the Inheritance Law. Usually, heirs are glad to receive the estate. Yet there are circumstances in which a person wishes to perform a waiver of inheritance. The following article explains how the law permits this, what the implications are, and how to carry out the process correctly.

How Is an Inheritance Received Under Law?

The state places great importance on fulfilling the deceased’s wishes. The law therefore allows people to draft wills that ensure the distribution of their property as they desire after death. If a person did not leave a valid will, inheritance laws determine who will receive their assets. In cases of dispute, a Family Court judge rules on how to divide the estate fairly.

Why Would Someone Want to Waive an Inheritance?

There are several central reasons for deciding to disclaim an estate. First, a testator sometimes sets specific conditions within the will. For example, the deceased may condition the receipt of funds on the heir performing a specific act the heir does not wish to carry out. Such an heir may disclaim their right to avoid being bound by those conditions.

Second, heirs sometimes waive their share in order to preserve family peace. Such a disclaimer allows another heir to receive a larger portion of the estate with everyone’s consent. It is possible to disclaim specific assets or the entire inheritance designated for you.

What Are the Limitations and Consequences for the Disclaiming Heir?

Waiving an inheritance (legally termed “hisdalkut” — renunciation) carries clear consequences. The law treats a person who has disclaimed as if they were never an heir in the first place. The purpose is to cause heirs to weigh the step carefully rather than acting impulsively.

Important to know: an inheritance cannot be disclaimed after the estate has actually been distributed. The act must be performed before the inheritance order or probate order is executed.

Can the Disclaimer Be Revoked After It Is Filed?

The answer is no. Once you have given notice of your disclaimer through a formal statutory declaration, you cannot retract it. The process does not require special court approval, but the declaration is considered binding and final. We therefore strongly recommend consulting with an estate attorney before taking this step. The attorney will help you weigh all the relevant factors and ensure that the disclaimer genuinely serves your interests.

How Is a Waiver of Inheritance Carried Out in Practice?

To disclaim the inheritance, you must submit a signed declaration to the Registrar of Inheritances office. In this declaration you detail the reasons for the disclaimer and declare your wish to renounce the estate. In the case of a minor who wishes to disclaim their share, the law requires special court approval in order to protect the minor’s rights. Once the declaration is submitted and registered, your status as an heir is legally extinguished.

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, you should seek personalised legal advice from an attorney.

Wishing to disclaim your share of an inheritance safely? Do not take irreversible steps impulsively. 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.

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.

Contesting a will is a legitimate legal tool. We use it when there is genuine concern that the will does not reflect the deceased’s wishes. Filing the application with the Registrar of Inheritances is only the first step. When there is a justified ground, the case moves to court for adjudication. In this article we explain what happens inside the courtroom and how we build a focused, evidence-based strategy for you.

How Does a Will Contest Case Reach Court?

The state seeks to give effect to the testator’s instructions as written. As long as the will appears valid, the law directs that it be upheld. The change occurs when you present a genuine ground for objection.

We lead cases to court in situations involving:

Formal defects: missing signatures, incorrect dates, or absent witnesses.
Undue influence: suspicion of psychological pressure or threats on the testator.
Heir involvement: the unlawful presence of a beneficiary during drafting.
A later will: discovery of a more recent document that supersedes the earlier one.

Once the Registrar receives the initial objection, the case is transferred to the Family Court. At this point the matter moves from a technical procedure to complex litigation.

The Importance of Legal Representation: The Litigator as a Decisive Factor

The law does not require you to hire a lawyer, but managing the case alone is a dangerous gamble. An attorney specialising in family litigation is the professional who knows how to defend your interests before the judge.

We act for you on three levels:

Legal precision: We draft the statement of objection and ensure declarations are signed within the statutory deadlines.
Evidence management: We gather evidence and summon relevant witnesses who can reveal the truth.
Cross-examination: We professionally cross-examine the will’s witnesses and the opposing party to undermine false accounts.

What Does the Judge Look for in Estate Cases?

It is important to understand that the court works on solid evidence and testimony. A personal sense of injustice is not sufficient to invalidate a will — the judge looks for objective proof.

In such a case the central figure — the deceased — cannot testify. We therefore build a strategy based on the “traces” the deceased left behind: medical records, recordings, or testimony from people who heard their true intentions. We use expert opinions from handwriting analysts or psychiatrists to strengthen your position.

Frequently Asked Questions — Will Contest in Court

How long does court proceedings in a will contest take?

Will contest proceedings are thorough. Duration typically ranges from one to two years, depending on the number of witnesses and the complexity of the medical or professional expert opinions required.

Which witnesses are summoned?

We summon the attesting witnesses who signed the will, family members, caregivers, and sometimes medical experts who testify on the deceased’s cognitive state at the time the will was made.

Can the court invalidate only part of the will?

Yes. If the defect or undue influence relates only to a specific clause or a particular heir, the judge may void that part while upholding the remaining provisions of the will.

What are the costs involved?

Filing an objection involves a fee (approximately ILS 1,140 as of 2026). In addition, account must be taken of expert fees (such as a handwriting analyst) and the legal fees of the attorney conducting the litigation.

Why Choose the Estates Department of Vaknin Yariv Law Office?

Conducting litigation in the Family Court requires extensive practical experience. The family and property department is headed by Adv. Shlomit Asraf Schneider, who brings unique expertise in witness examination and in exposing defects in complex wills.

The firm was founded by Adv. Yariv Vaknin, who manages the overall legal strategy in high-profile cases. We represent you professionally from our offices in Afula and Bnei Brak (B.S.R 4), with international operations through our branches in New York and Tbilisi.

Looking to file a will contest or dealing with one brought against you? Leave your details on the website or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824 We are here to represent you professionally and to protect your rights in the estate.

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.

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.