The subject of wills and inheritance evokes intense emotions, especially when the need arises for a will contest procedure. If you have any doubt regarding the validity of a will, you must be aware of the rights and options available to you. Professional legal guidance helps you act correctly before the legal authorities and ensure that the deceased’s true intent is realized.
What Is an Objection to a Probate Order?
An objection to a probate order is a legal proceeding. In this proceeding, an heir or any person with a legitimate interest files an objection to giving effect to a will submitted for probate. You may file such an objection for a variety of reasons, such as suspicion of forgery, undue influence, or the testator’s lack of capacity at the time the document was drafted.
When Should You Turn to an Inheritance Attorney?
We recommend that you turn to an attorney as soon as suspicion arises regarding the validity of the will. An experienced attorney guides you throughout the proceeding and files the objection professionally. The attorney examines the evidence, questions witnesses, and prepares strong legal arguments to represent you in court.
Stages of the Will Contest Procedure: From Filing the Documents to the Courtroom
The objection process is not merely technical. It is a legal battle based on uncovering the facts. We accompany you thoroughly through each of the central stations:
- Diagnosis and strategy formulation: in the first stage we examine the will in detail. We look for formal defects and examine suspicions of improper involvement in drafting the will (under Section 35 of the Inheritance Law). In addition, we examine medical opinions regarding the testator’s capacity at the time of signing.
- Filing the objection with the Registrar of Inheritance Affairs: we draft the objection together with affidavits and preliminary evidence. We file the documents within the period prescribed by law (generally 14 days from publication, unless an extension has been granted).
- Transferring the file to the Family Court: this is a critical stage. Once we have filed the objection, the Registrar transfers the file for hearing at the Family Court. Here the focus shifts from bureaucracy to litigation (legal representation), and that is where the legal decision is made.
- The evidentiary stage and witness examination: we manage the court hearings on your behalf. This stage includes cross-examination of the witnesses to the will and confrontation with the other parties. We present expert opinions, such as from graphologists or psychiatrists, in order to substantiate the claims.
- The judgment: at the end of the proceeding, the judge determines whether the will is to be revoked or upheld. If the objection is accepted, the court will order the distribution of the estate by law (to the natural heirs) or in accordance with a previous valid will of the deceased.
Revocation of a Probate Order and Its Significance
Revocation of a probate order occurs when the court finds that the will is not legally valid. In such cases, we act to carry out the distribution of the inheritance under the law (according to family proximity) or in accordance with a previous will the deceased left.
Frequently Asked Questions – Will Contest
Can anyone object to a will?
The law allows only a person who has an “interest in the matter” to file an objection. This generally refers to heirs by law or persons named in previous wills of the deceased.
How long does a will contest take?
This is a complex legal proceeding that may take several months and even more than a year. The duration depends on the number of witnesses, the complexity of the evidence, and the court’s scheduling.
What costs are involved in filing an objection?
Filing an objection involves payment of a fee to the Registrar of Inheritance Affairs (as of January 2026, the amount is NIS 1,140). To this must be added the fee of the attorney representing you.
Why Choose the Inheritance Department of Vaknin Yariv Law Office?
A will contest procedure requires a deep understanding of inheritance law and experience in complex litigation. The Family and Inheritance department is led by Adv. Shlomit Asraf Schneider. She brings many years of experience accompanying families through these sensitive proceedings.
A meeting with Adv. Yariv Vaknin will provide you with a professional response designed to protect your interests in the most effective way possible. We accompany you with professionalism through our offices in Afula, Bnei Brak (B.S.R 4), New York, and Tbilisi.
Please note: the content on this site is for enrichment purposes only and constitutes general information. The information does not constitute legal advice and is not a substitute for binding advice.
Concerned that the will does not reflect the truth? Need representation in an objection proceeding? Leave your details on the site or call Adv. Yariv Vaknin now for an initial consultation: 052-2288824. We are here to ensure that the inheritance proceeding is conducted with justice and professionalism.
