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.
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.
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.
