By Adv. Yariv Vaknin·Member, New York State Bar Association·Updated Oct 1, 2026Key takeaways: In Israel, a will is contested by filing an objection (התנגדות) to the application for a probate order. The objection is filed with the Registrar of Inheritance, usually within 14 days of the public notice, and in any case before the order is granted. Once an objection is filed, the file moves to the Family Court, where it is heard as a lawsuit. The main grounds are formal defects, lack of capacity, undue influence or fraud, and a beneficiary who took part in drafting the will. If the order was already granted, you can still ask to amend or cancel it under section 72 of the Succession Law, based on facts that were not before the Registrar. Heirs who live abroad can do all of this through an Israeli lawyer, with an apostilled power of attorney and, in many cases, without flying to Israel.
What “Contesting a Will” Means Under Israeli Law
In many countries, a will contest is a lawsuit you file after the estate is opened. Israel works differently. A will has no legal effect until a probate order (צו קיום צוואה) is granted. The window to challenge it is built into that process.
There are two routes, depending on timing:
- Before the order is granted: you file an objection to the probate application. This is the main route, and the one most families use.
- After the order is granted: you file a request to amend or cancel the order under section 72 of the Succession Law, 1965. This route is narrower and harder.
Everything below follows these two routes. The key point to remember: timing decides which door is still open.
Who Can Contest a Will in Israel
Section 67 of the Succession Law allows “anyone interested in the matter” to object. In practice, this usually means:
- Legal heirs who would inherit if there were no will, such as children, a spouse, parents or siblings.
- Beneficiaries under an earlier will that the new will replaced.
- Creditors of the estate, in some situations.
Feeling that the will is unfair is not enough. A parent may leave unequal shares, or leave out a child entirely. Israeli law respects testamentary freedom. You need a legal ground, not only a grievance.
The Legal Grounds for Contesting a Will
Israeli courts start from a strong presumption: a person’s last will should be respected. The burden is on the objector. These are the grounds that can overturn a will, or part of it.
1. Formal defects (sections 19 to 23 and 25)
Israeli law recognizes four types of wills (section 18):
- Handwritten will (section 19): written entirely by the testator, dated and signed by them.
- Will before witnesses (section 20): in writing, dated and signed by the testator before two witnesses, after declaring that this is their will. The witnesses sign on the spot.
- Will before an authority (section 22): stated or handed to a judge, a court registrar, the Registrar of Inheritance or a religious court member. A notary counts as a judge for this purpose.
- Oral will (section 23): made on a deathbed, or by someone who reasonably believes they are facing death, before two witnesses.
A missing date, a witness who was not present, or a typed “handwritten” will can all be grounds for objection. But there is an important exception. Under section 25(a), the court may uphold a will despite a formal defect, if the basic elements exist and there is no doubt the will reflects the testator’s free and true intent. So a technical flaw alone rarely wins the case. It usually works best combined with other evidence.
2. Lack of capacity (section 26)
A will is void if, when it was made, the testator “did not know how to discern the nature of a will”. This is the most common ground in practice, especially when the will was signed late in life, during illness or hospitalization.
The question is not whether the person had a diagnosis. The question is whether, at the moment of signing, they understood what a will is, what they owned, and who their natural heirs were. The evidence usually includes medical records from around the signing date, testimony from caregivers and family, and often an opinion from a medical expert appointed by the court.
3. Undue influence, fraud, threats or coercion (section 30(a))
A will made because of coercion, threats, undue influence, trickery or fraud is void. Undue influence is the most litigated of these.
Israeli courts look at several questions together:
- Was the testator dependent on the beneficiary, physically, emotionally or financially?
- Was the testator isolated from the rest of the family?
- Was the beneficiary involved in arranging the will, choosing the lawyer or attending the signing?
- Does the will depart sharply from earlier wills or from what the testator said over the years?
No single factor decides the case. A child who cared for an elderly parent is not automatically suspect. The court asks whether the help crossed the line into control.
4. A beneficiary who took part in making the will (section 35)
A provision is void if it benefits someone who drafted the will, served as a witness, or otherwise took part in making it, or that person’s spouse. This rule is strict. It does not require proof of bad intent. Courts examine what “taking part” means in each case, for example, whether bringing the testator to the lawyer’s office is enough.
5. A later will, or revocation (section 36)
A will can be revoked by a later will, by an express revocation, or by destroying it. A later will cancels an earlier one to the extent they conflict. Sometimes the strongest objection is simply producing a later, valid will that the applicant did not mention.
6. Mistakes and unclear provisions (sections 30(b), 32 and 33)
If a provision was made by mistake, the court will correct it when it can clearly determine what the testator would have wanted. Otherwise, that provision is void. Clerical errors, such as a wrong name or number, can be corrected. A provision so vague that no one can tell who receives what is void.
7. Forgery
There is no separate “forgery” section. In practice, forgery is argued as fraud under section 30, and through the requirement to prove the original will. These cases rely heavily on forensic handwriting experts. Some cases turn on small details, such as a date that does not match the testator’s habits or calendar.
For a deeper look at how courts have applied these grounds, see our article on cases of will invalidation and our guide to the types of wills under Israeli law.
Deadlines: The 14-Day Window and What Comes After
Deadlines are where most heirs abroad lose ground. Here is how they work:
- Publication. After a probate application is filed, a notice is published on the website of the Administrator General and in Reshumot, the official gazette. Under the Succession Regulations, the notice invites objections within two weeks of publication, or a longer period set by the Registrar.
- The 14-day period. The objection should be filed within 14 days of publication.
- Missed the 14 days? The Registrar may extend the period, even after it has ended. Under the Succession Law, an objection can be filed as long as the order has not yet been granted. A request for extension should be filed immediately.
- After the order is granted. The objection route closes. What remains is a request to amend or cancel under section 72 (see below).
The practical lesson: if you suspect a probate application is coming, act before it is filed, not after. An uncontested application is often decided within weeks.
Step by Step: How to Contest a Will in Israel
- Find out whether a probate application was filed. Notices are public. An Israeli lawyer can check the Registrar’s records and the published notices, and monitor for new filings.
- Get a copy of the will and the application. As an interested party, you are entitled to review the file.
- Assess the grounds early. Collect what you can: medical records, earlier wills, emails, messages, names of caregivers and witnesses.
- File a written objection with the Registrar of Inheritance. There is no official objection form. Under regulation 19, the objection must state its subject and grounds and attach supporting documents. Factual claims must be supported by an affidavit. A power of attorney is required if a lawyer files it, along with proof the fee was paid and service on the other parties.
- Pay the filing fee. The objection fee is a court fee. As of mid-2026 it is approximately ₪1,151, and it is indexed periodically.
- Transfer to the Family Court. Under section 67A, once an objection is filed, the file is transferred to the Family Court. It is then heard as a lawsuit. The person who applied for probate becomes the plaintiff, and the objector becomes the defendant.
- Litigation or settlement. The court manages the case through pleadings, evidence, expert opinions and hearings. Many cases settle along the way.
The Attorney General may also be involved. Copies of probate proceedings are served on the Attorney General’s representative, who can choose to appear. This is more common in certain cases, for example oral wills, wills upheld despite a defect, or wills that leave nothing to close family.
What Happens in the Family Court
Once in court, the dispute looks like any civil case, with a few features specific to inheritance:
- Experts. Capacity cases often involve a medical expert, sometimes appointed by the court. Forgery cases involve handwriting experts.
- Witnesses. The witnesses to the will, the lawyer who drafted it, caregivers and family members are usually called to testify.
- Partial outcomes. The court can invalidate one provision and uphold the rest.
- Settlement. Family Court judges often encourage the parties to reach an agreement. A negotiated division can save years and preserve what is left of family relationships.
The judge’s core question stays the same throughout: does this document reflect the free and true will of the person who signed it?
If the Probate Order Was Already Granted: Section 72
Many heirs abroad discover the will only after the order was granted. The door is not closed, but it is narrower.
Under section 72, an interested person can ask to amend or cancel the order on the basis of facts or claims that were not before the Registrar or court when it was granted. Some points to know:
- The request is filed with the body that issued the order. A request filed with the Registrar is transferred to court if the claim could have been raised earlier and was not.
- The request must be supported by an affidavit and served on all heirs, who have 14 days to respond.
- The law sets no fixed deadline. But delay hurts. Courts take into account how long you waited and why, and cancellation after many years is rare.
If you learned about the will late because you live abroad and were not notified, that explanation matters. Document when and how you found out.
Contesting a Will in Israel From Abroad
A large share of the families we represent in inheritance disputes live outside Israel, mostly in the United States, the UK and Canada. Living abroad creates real challenges, but almost none of them are blocking.
Monitoring the filing
The biggest risk for a foreign heir is not knowing that a probate application was filed. The 14 days pass quickly. If a parent or relative died with assets in Israel and you suspect a disputed will, ask an Israeli lawyer to monitor the published notices and the Registrar’s records from the start.
Power of attorney and apostille
You do not need to travel to Israel to file an objection. Your Israeli lawyer files it on your behalf with a power of attorney. Both Israel and the United States are parties to the Hague Apostille Convention, so a power of attorney or affidavit signed before a notary in the US, and certified with an apostille, is generally accepted in Israel. The same applies in the UK, Canada and many other countries.
Affidavits
Your factual claims, for example what you saw during visits or what the testator told you, must be supported by an affidavit. It can be signed abroad, before a notary, and apostilled. Your lawyer prepares it in Hebrew with a translation, so you know exactly what you sign.
Testifying by video
Under regulation 72 of the Civil Procedure Regulations, 2018, an Israeli court may allow a witness to testify by video from outside Israel. The court must be satisfied that attending in person would be very difficult for the witness, that the testimony is essential, and that there is no impediment from the foreign country. Whether video testimony is approved is up to the court in each case, so plan for both options.
Time zones and communication
A practical point that matters more than people expect: choose a team that is available during your working hours, and that reports in English, in writing, after every stage.
For heirs abroad who are applying for probate themselves, not contesting, see our guide to probating a will as a non-resident.
When the Estate Includes US or New York Assets
Cross-border estates raise a question most guides ignore: what happens when one estate is governed by two legal systems?
- Israel recognizes foreign wills. Under section 140 of the Succession Law, a will is formally valid in Israel if it is valid under Israeli law, the law of the place where it was made, the law of the testator’s domicile or habitual residence, or the law of their citizenship. For land, the law of the place where the land is located also counts.
- A foreign probate order can help in Israel. If the original will is abroad and cannot be produced, a foreign probate order, properly proven, may be used in place of the original.
- New York assets after an Israeli probate. Under New York’s Surrogate’s Court Procedure Act (section 1602), a will admitted to probate at the testator’s domicile can be admitted in New York through ancillary probate for property located there. One of the conditions is proof that the will is not under contest at the domicile. In practice, an open contest in Israel can affect the timing in New York.
Coordinating the two proceedings is where many cross-border estates stall. Adv. Yariv Vaknin is a member of the New York State Bar Association, and our firm operates a New York office alongside our offices in Israel. This lets us see both sides of the estate from the first meeting. For broader context, read our interview on international inheritances and assets abroad.
What Happens to the Estate While the Will Is Contested
A contest freezes the probate order, but assets still need to be protected. Bank accounts may remain blocked, rental income still comes in, and property may need maintenance.
The court can appoint a temporary estate administrator to manage and protect the assets until the dispute is resolved. If there is a risk that assets will be sold or moved, the court can also issue interim orders. If you are concerned about assets disappearing, raise it at the very beginning of the case.
How Much Does Contesting a Will in Israel Cost?
There are three types of costs:
- Official fees. The objection fee is approximately ₪1,151 (mid-2026, indexed). A request to amend or cancel a granted order carries a separate fee. For comparison, a probate application costs about ₪597, with a discount for online filing.
- Expert fees. Medical experts, handwriting experts and translators. These depend on the complexity of the case.
- Legal fees. These depend on the scope of the dispute and the stage at which it ends. A case that settles early costs far less than one that goes to a full trial.
There is also a risk to consider. A party that loses the case may be ordered to pay the other side’s legal costs. A serious early assessment of your chances is part of managing cost.
How Long Does a Will Contest Take?
An uncontested probate application is usually handled by the Registrar within about 40 days, according to the official guide of the Administrator General. A contested case is a different matter. Its length depends on the number of parties, the need for experts, and whether the parties settle. Simple disputes can end within months. Complex cases with experts and many witnesses can take considerably longer.
If the Will Is Invalidated, Who Inherits?
If the court invalidates the will, the estate is distributed according to an earlier valid will, if there is one. If there is no valid will, the estate passes by law, under the rules of intestate succession in the Succession Law. Our guide on what heirs can do without a will explains how that works.
In some cases, only one provision is invalidated, and the rest of the will stands.
How Our Firm Handles Will Contests
Our inheritance department is led by Adv. Yariv Vaknin. We represent objectors and beneficiaries in will contests before the Registrar of Inheritance and the Family Courts, from our offices in the north of Israel and in the center of the country, and from our New York office.
In a first meeting, by video if you are abroad, we review the will, the timeline and the evidence you have. We tell you plainly whether there are real grounds, which route is still open, and what needs to happen this week, before deadlines pass. If you are choosing between firms, our article on choosing a will contest lawyer in Israel lists the questions worth asking.
Frequently Asked Questions About Contesting a Will in Israel
How long do I have to contest a will in Israel?
The objection should be filed within 14 days of the published notice of the probate application. The Registrar can extend this period, and an objection can be filed as long as the probate order has not been granted. After that, you can only request to amend or cancel the order under section 72.
What happens if I missed the 14-day deadline?
If the order was not yet granted, file a request for extension together with the objection immediately. If the order was already granted, the route is a section 72 request, based on facts that were not before the Registrar.
Can I contest a will in Israel if I live in the United States?
Yes. An Israeli lawyer files the objection for you with a power of attorney. Documents signed before a US notary and certified with an apostille are generally accepted in Israel.
Do I have to travel to Israel to contest a will?
Usually not for the filing stage. If the case goes to trial, the court may allow you to testify by video from abroad, subject to the conditions in the Civil Procedure Regulations.
What are the most common grounds for contesting a will in Israel?
Lack of capacity at the time of signing, undue influence, a beneficiary who took part in making the will, and formal defects. Forgery and the existence of a later will are less common but can be decisive.
Can a will be contested just because it is unfair?
No. Israeli law respects testamentary freedom. An unequal or surprising distribution is not a legal ground on its own, although it can support other evidence, such as undue influence.
Who has the right to contest a will in Israel?
Anyone “interested in the matter”, usually legal heirs, beneficiaries under an earlier will, and in some cases creditors.
How much does it cost to file an objection to a will in Israel?
The official fee is approximately ₪1,151 as of mid-2026. Legal fees, expert fees and the risk of a costs award come on top and depend on the case.
Can a probate order be cancelled after it was granted?
Yes, under section 72 of the Succession Law, based on facts or claims that were not before the Registrar or court. There is no fixed deadline, but long delays weaken the request.
What happens to the estate assets during the dispute?
The court can appoint a temporary estate administrator and issue interim orders to protect the assets until the case is decided.
My parent had a will in the US and another in Israel. Which one applies?
It depends on the dates, the wording and the assets each will covers. A later will revokes an earlier one to the extent they conflict. Israel recognizes foreign wills that meet the conditions of section 140. These cases need advice on both legal systems.
Can a will contest in Israel be settled?
Yes, and many are. Family Court judges often encourage agreement, and a negotiated settlement can be approved by the court.
Next Step
If a probate application was filed, or you expect one, time matters more than anything else. Collect the documents you have, write down the timeline, and speak with an Israeli inheritance lawyer before the window closes. You can schedule a meeting with our team in Israel or New York through the contact form on this page.
This article provides general information as of its publication date and does not constitute legal advice. Every case depends on its specific facts. Consult a qualified Israeli lawyer before taking any action.
ABOUT THE AUTHOR
Adv. Yariv Vaknin
Founder · Offices in Israel and New York
Leads the firm’s inheritance department and represents families in will contests and cross-border estates in Israel and the United States.
