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Executing a legal will – how is it done?

Anat Levi
Anat Levi

In order for the will to be considered a legal order after the death of the testator, there is a process that must take place. After the testator’s death, heirs intent on executing a will must file a request for execution. Once the request has been filed, the Registrar of Inheritance will notify the public.

At this point there is a time period (no longer than two weeks) to file an objection to the Registrar of Inheritance. The objection can be filed after the period had passed, provided the order concerning the validity of the will has not yet been given. If not validated by the Registrar of Inheritance, the will is in essence depleted of value.

Objection to a will?

Executing a willHeirs and non-heirs may wish to object to the validity of the will for different reasons. In order to object to the will, one must have a connection to the will itself. Therefore, a situation may occur when an inheritor will want to object the will becoming valid. In that case, the inheritor must file their objection before the order from the registrar of inheritance was given, which would make the will obsolete.

Once the Registrar of Inheritance recieves the objection, the will and the objection are passed on to the family court. Once in the court, the objection is considered and the court issues the final verdict.

It is therefore crucial for anybody who wishes to object to a will to have strong legal help in order to present their case in the most effective way possible, as the process could be long and strenuous. Furthermore, it is of utmost importance to construct a very strong, well stated argument the first time, because asking permission from the court to change one’s argument could certainly raise suspicion concerning the validity of the objection. Once the family court comes out with a closing statement, the will is passed on to the Registrar of Inheritance to become an order and therefore be finalized.

Withdrawal from the inheritance? 

A situation may occur when an inheritor does not want to receive their share of the inheritance. One of those reasons may be a conflict of interests, whereby receiving the inheritance will harm business interests elsewhere. The law therefore allows such a person to withdraw from the inheritance.

The inheritor may withdraw from the inheritance partially or completely. One must do so by submitting a request to the Registrar of Inheritance or to the court (in the case that the will was moved on to the court in the case of an objection). Please note, that withdrawal from the inheritance does not disqualify other inheritors from receiving the inheritance.

Contact an Israeli inheritance lawyer

If you wish to write, execute, revoke or withdraw from a will, you will need the assitance of an attorney. Israeli inheritance experts from our law firm are here to help. Schedule a meeting in our Jerusalem Tel Aviv branch or a remote consultation below:

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