Choosing a lawyer for a will contest in Israel is a decision you make under time pressure. The objection window after a probate application is published is short, and the case that follows in the Family Court can be long. This page focuses on one question: how to choose the right lawyer. For the law and the procedure itself, read our complete guide to contesting a will in Israel.
Why the Choice of Lawyer Matters in a Will Contest
Once an objection is filed with the Registrar of Inheritance, the file is transferred to the Family Court and heard as a lawsuit. From that point, the case is litigation. It involves affidavits, medical records, expert opinions, cross-examination of witnesses and, often, settlement negotiations.
A lawyer who mainly drafts wills is not necessarily the right person to challenge one in court. You need someone who litigates inheritance disputes regularly and knows how Family Court judges approach questions of capacity and undue influence.
Questions to Ask Before You Hire
- How many will contests have you handled in the Family Court, and at what stages did they end? Ask about settlements as well as judgments.
- Who will actually handle my file? Will you meet the lawyer who will argue the case, or only an intake team?
- What are the realistic grounds in my case, and what are the weak points? A good lawyer tells you what could go wrong, not only what could go right.
- Which experts will we need? Capacity cases usually need a medical expert. Forgery cases need a handwriting expert.
- How will you update me? Ask how often, in what language, and in what format.
- How is the fee structured, and what costs are on top of it? Court fees, expert fees, translations, and the risk of a costs award if the case is lost.
If You Live Abroad: Extra Questions
Heirs in the United States, the UK or Canada face additional practical issues. Ask:
- Can you file on my behalf with a power of attorney signed abroad and certified with an apostille?
- Can I testify by video if the case goes to trial?
- Do you work in English, and at hours that fit my time zone?
- If the estate also has assets in the US, can you coordinate with the proceedings there?
The last question is often the one that decides the case. When an estate spans two countries, a delay or a mistake on one side affects the other. Adv. Yariv Vaknin is a member of the New York State Bar Association, and our firm has a New York office, so both sides of a cross-border estate are handled by one team.
Warning Signs
- A lawyer who promises a result before seeing the medical records or the will.
- No clear answer about who will handle the case day to day.
- No discussion of deadlines in the first conversation. In a will contest, timing is often the first issue.
- Pressure to file immediately without explaining the grounds and the risks.
What a First Meeting Should Look Like
Bring, or send in advance, whatever you have: a copy of the will, the probate application if you received it, earlier wills, medical documents from around the date the will was signed, and a short written timeline of events.
By the end of the meeting, you should know three things: whether there are real legal grounds, which route is still open (an objection before the order is granted, or a request to cancel under section 72 after it), and what needs to happen in the next few days.
Our Inheritance Department
Our inheritance department is led by Adv. Yariv Vaknin. We represent objectors and beneficiaries before the Registrar of Inheritance and the Family Courts, from our offices in Afula and Bnei Brak, and from our New York office. Meetings with clients abroad are held by video.
To schedule a meeting, leave your details on this page or call 052-2288824.
This article provides general information and does not constitute legal advice. Every case depends on its specific facts. Consult a qualified Israeli lawyer before taking any action.
