Do you feel that you were unfairly deprived under a will?
Has an objection to a will been filed in which you are named as an heir?
Do you believe that a will submitted for probate is forged or was prepared under undue influence?
Do you believe that you are a legal heir, yet were not included in the application for a succession order filed in the matter?
The list of legal heirs is not closed, and a will is not the final word.
Our firm provides comprehensive legal services in matters of wills and inheritances and represents clients in legal proceedings, including:
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In many cases, legal proceedings give rise to negotiations aimed at resolving the dispute outside the courtroom. We represent you throughout the negotiation process, consistently advancing your objectives and safeguarding your interests until all options are fully exhausted.
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We begin working diligently on your case, preparing the documents required to be filed with the court and forwarding them to you for review and comments.
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You will meet with us at our offices, where we will receive detailed information regarding the decedent, the estate, and the relevant parties. We will explain the legal structure of the proceeding, what it means for you, and how, in our view, the matter should be handled and managed. From there, we move forward.
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Upon completion of the proceeding, a judgment is rendered, bringing the legal process to its conclusion. The judgment is subject to the right of appeal.
Our firm also provides legal representation in appellate proceedings, should the need arise.
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After the initial documents are filed with the court, the legal proceeding formally begins. During this stage, various motions are submitted, expert opinions are filed, hearings are held, and examinations are conducted. We represent you throughout the process with the goal of achieving the best possible outcome on your behalf.
Smadar Magal
Gal Hason Adv. represented me in a dispute with my tenant.
I must note that he accurately understood my wishes, represented me respectfully, and was available at all times.
The handling was quick, professional, and very empathetic, and I’m happy to say we achieved the results we wanted.
I highly recommend him.
Shiri Frenkes
I highly recommend Attorney Gal Hason, who guided us through a complex process of contesting a will with professionalism, sound judgment, and sensitivity.
The handling of the property co-ownership dissolution was thorough and responsible, but just as importantly, it was accompanied by clear explanations of every step and detail, which gave us confidence throughout the process.
Gal is a professional and compassionate lawyer who knows how to navigate sensitive and complex situations with care.
Nili Yavneel
I would like to warmly recommend the Hason Gal – Law – firm.
I received dedicated, professional, and caring service from Attorney Gal Hason.
Attorney Hason handled my case with humanity and patience, providing a strong sense of confidence and, above all, a sharp understanding of my needs along with precise solutions tailored to them. He did all this with genuine care for me as a person, not just as a task.
The personal attention, availability, and especially the clear explanations made a process that was stressful for me much easier.
I sincerely thank Attorney Gal Hason for the professional support and human approach, and I wholeheartedly recommend him to anyone seeking high-quality legal services with heart.
Eitan Mechubar
Gal Hason was my advisor on several contracts. His professionalism, timely responsiveness, and expertise were exceptional.
I especially appreciated the personal service and the practical approach to problem-solving.
I would be happy to work with Mr. Hason again in the future.
When a person passes away leaving a will, the heirs to whom the deceased bequeathed their assets and property will seek to enforce it by filing an application for an order granting the will binding legal validity and enabling its implementation in practice.
However, even before the estate is distributed and following the death of the testator, objections may arise from those who claim that the will unfairly disadvantages them and that the distribution of assets under it is unjustified or improper. Parties opposing a will are entitled to file an objection, in which they must point to the defects in the deceased’s will that justify its invalidation.
To begin with the bottom line: just as one may file an application for a probate order in order to enforce a will and inherit from the testator, it is also possible to file an objection to a will in an attempt to prevent its enforcement.
In this context, several courses of action are available, depending on the timing and the procedural stage at which you choose to act.
An objection to a will may be filed only if a probate order has not yet been granted.
Objection to a Will – A One-Time Opportunity to Assert Your Rights
Please note: from the date the will is published, an objection may be filed within 14 days only. This is a one-time, non-recurring opportunity to prevent unfair deprivation and to assert your rights, if you believe that the distribution of assets under the will stems from unfair circumstances or other grounds justifying its invalidation.
Given the strict and short timetable under procedural law, it is of critical importance to consult an attorney specializing in wills and inheritance law, who is experienced in managing will objection proceedings.
It is important to remember that objection proceedings are highly complex and require an in-depth examination of evidence, medical records, testimonies, and relevant documents reflecting the testator’s condition at the time the will was executed. These materials shed light on the testator’s legal capacity. A unique challenge in such proceedings is that the central witness—the testator—is no longer alive, making the collection of evidence crucial.
If you have a legal interest in the estate of a deceased person who left a will, and you believe that it does not comply with legal requirements or was executed under undue influence, you must challenge the application for a probate order and present sufficient evidentiary grounds for its revocation—preferably with the assistance of a skilled attorney who will ensure the fullest possible use of all available legal options.
The Element of Time in Inheritance and Estate Proceedings
Section 17 of the Inheritance Regulations provides that any person wishing to object to an application for a probate order or a succession order must file the objection within two weeks of the publication of notice of the application in the newspapers. In practice, interested parties are not always aware of when the publication occurred or what deadline was set by the Registrar for filing objections.
Therefore, once a decision is made to file an objection, it is essential to consult immediately with an attorney specializing in inheritance and will objections, so that your interests may be advanced without delay.
The Burden of Proof in an Objection to a Will
When objecting to a will, it is crucial to remember that the burden of proof rests with the objector. In other words, if you believe that a will is invalid and wish to challenge it, the law places upon the objector the obligation to provide evidence supporting the claims raised.
Many clients approach us seeking to object to a will for various reasons—ranging from technical errors, through a sense of unfair deprivation, to suspicions of forgery of a relative’s will. When addressing objections to wills, it is essential first and foremost to understand the concept of the “burden of proof.”
The “burden of proof” is a legal concept that determines which party bears the obligation to prove the validity of a claim and its content. In civil law, which includes inheritance and estate law, the burden of proof rests on the party asserting the claim—namely, the party filing the objection to the will. The objector must persuade the court of the validity of their claims and provide proof of their truth.
It is important to understand that the basic presumption under inheritance law is that a will is valid. Accordingly, when an objection is filed, the burden of proof lies with the objector, who must demonstrate why the will should be invalidated.
The burden of proof consists of two sub-burdens: the burden of persuasion and the burden of evidence.
Burden of Persuasion
This is the primary burden and refers to the obligation to convince the court that the claims are correct. In civil law, including inheritance matters, the burden of persuasion is based on the balance of probabilities. This means that it is sufficient for the claimant to prove their case by 51% in order to prevail, unlike criminal law, where a higher standard of proof is required.
Burden of Evidence
This is the secondary burden and refers to the obligation to support claims with admissible evidence. In will objection proceedings, a party seeking to invalidate part or all of a will must present supporting evidence and attach it to the objection. If the court is not persuaded that the evidence is sufficient, it may determine that the objector has failed to meet the burden of evidence.
Reversal of the Burden of Proof
Although the burden of proof generally rests with the objector, in certain cases it may shift to the other party—the party seeking to uphold the will. This is common, for example, in disputes involving handwritten wills or oral wills, which are inherently more difficult to verify. In such cases, the burden of persuasion may rest on the party seeking to enforce the will.
A reversal may also occur where it is proven that an extreme relationship of dependency existed between the beneficiary and the testator prior to death, or where the beneficiary actively assisted in the drafting of the will.
With regard to evidence, it is important to note that some types of evidence are considered stronger than others, such as documents, recordings, photographs, and similar materials. In contrast, hearsay testimony is generally regarded as weaker evidence. Additionally, certain evidence—although potentially supportive—may be inadmissible, such as evidence obtained through illegal wiretapping or violation of privacy.
How Can a Will Be Challenged?
Those opposing a will must prove that the distribution of the deceased’s assets under the will was carried out while the testator was in a serious medical condition at the relevant time, or that the will was executed under coercion, exploitation, or undue influence, or that the testator lacked the mental or cognitive capacity to execute it.
Additional grounds for invalidation include non-compliance with statutory requirements and formal rules governing the execution of wills. The objector must demonstrate the existence of special circumstances justifying the invalidation of the will, within the framework of a complex legal proceeding that should be conducted with the assistance of an attorney specializing in wills and inheritance law.
As noted, the burden of proof rests with the objector. To persuade the court that a will should be invalidated, arguments and evidence must be presented demonstrating its legal defects. Grounds for revoking a probate order may include, for example:
The medical condition of the testator – Was the testator’s medical condition such that they were capable of making reasoned, rational, and independent decisions?
Undue influence – Was the will executed freely, or was the testator subject to pressure or influence by interested parties?
Fraud – Does the will truly reflect the testator’s wishes, or were those wishes manipulated, or was the will forged?
Formal defects – In cases of defects in the form of the will or other technical deficiencies, the burden of proof may shift to the party seeking to uphold the will, rather than the objector.
Will and inheritance objection proceedings are often charged with strong emotional elements. They are complex, may extend over a long period of time, and require extensive expertise in inheritance and estate law.
Unlike other legal proceedings, these matters lack a fundamental component: the key witness—the testator—is no longer alive and cannot be brought to testify.
For this reason, it is essential to have an experienced law firm by your side—one that provides attentive listening, a professional and understanding environment, is committed to advancing your objectives, and, most importantly, fights relentlessly to protect your rights.
Over the years, our firm has successfully represented numerous clients in inheritance and estate disputes. The experience we have gained in will objections, inheritance, and estate matters enables us to clearly present each client with the strengths and weaknesses of their case, tailor the representation to the client’s specific needs, and formulate a strategic approach to managing the proceedings—one that best serves the client’s goals while avoiding unnecessary expenses.
We believe that creativity, strategic thinking, strong advocacy skills, thoroughness, determination, and the effective use of leading experts are the essential foundations for providing our clients with the highest level of legal representation.
These core principles also allow us to anticipate potential challenges and complexities that may arise during the proceedings, and to address them proactively.
In need of legal representation in inheritance and estate matters?
You have come to the right place. Contact our office today, and we will place our experience and capabilities at your service, working diligently to represent you and achieve your objectives in the best possible manner.
In an objection to the granting of a succession order, the objecting party argues that the application for a succession order does not reflect the proper manner in which the estate should actually be distributed. Since, unlike a will, this concerns an application for a succession order by operation of law, the range of arguments that may be raised in an objection is more limited.
Thus, whereas in matters involving a will it is possible to raise claims relating to capacity, undue influence, forgery, and the like, in cases of inheritance by law the principal grounds for objection are:
Claims concerning the number of legal heirs
Claims concerning the identity of the legal heirs
Claims regarding the existence of additional heirs
Claims aimed at excluding other heirs
Claims asserting that the estate should not be distributed in accordance with statutory provisions due to the existence of a will
Any person who has a legal interest in the will is entitled to file an objection. This means that only an individual who may gain or lose a right or benefit as a result of the enforcement or invalidation of the will has standing to object.
A person who is a legal heir by operation of law may file an objection and will be considered an interested party even if they are not mentioned in the will at all. This is because, if the objection is upheld and the will is not enforced, that person would be entitled to a share of the estate.
If an application for a succession order or a probate order has been filed, and a person wishes to object to the granting of such order, the objection must be submitted to the Registrar of Inheritance. In the objection, the applicant must set out the reasons why, in their view, the granting of the succession order or probate order should be prevented.
“Grounds” are legal arguments upon which the objecting party relies in claiming that the will should not be upheld.
The Inheritance Law specifies which grounds are considered justified for preventing the enforcement of a will.
In the context of an objection to a will, the objector argues that the will submitted for probate to the Registrar of Inheritance does not reflect the proper distribution of the estate in practice or that the will is legally invalid. When dealing with a will, a wide range of arguments may be raised in an objection, including:
Lack of testamentary capacity of the testator (for example, due to a medical condition)
Claims regarding defects in the validity or formal requirements of the will
Allegations of forgery of the will
Claims of exploitation, coercion, or undue influence exerted on the testator (such as threats or pressure)
A will drafted with the involvement of a beneficiary
A will containing unlawful provisions (for example, conditioning an heir’s entitlement on the performance of an illegal act)
A will that was revoked by the testator during their lifetime
The law recognizes additional grounds for objecting to wills; however, these are the principal grounds. Each category encompasses a wide range of factual circumstances and legal arguments.
In this regard, it is important to understand that if you seek to recover an asset to which you believe you were entitled, but which the deceased transferred during their lifetime to another person without consideration and concealed from you, the appropriate course of action is not to file an objection to the will. Instead, the matter should be pursued through a different legal avenue—namely, an action for the cancellation of a gift (addressed separately in another article on our website).
לייעוץ ראשוני מלאו את הפרטים ואנו נחזור אליכם בהקדם
