A Graphologist opposing a will - Law office in Isarel

The emotional pain due to the death of a parent, spouse or family member is sometimes amplified by another crisis, when one of the relatives of the deceased feels deprived or denied of their share of the inheritance. An objection to a probate order on behalf of a person who feels that the division of the estate is unjust is often submitted to the courts. This is a widespread phenomenon, due to the difficulty in tracing the true will of the deceased. Sometimes the first time the heirs (and those who are deprived of the inheritance) learn the content of the estate is only after the death of the testator, after the will is published. The importance of a graphologist in opposing a will lies in the ability to check whether the will was indeed written by the deceased and expresses their true intentions.

If you’re in a situation where you want to oppose a probate order for the reasons stated above or otherwise, you have come to the right place. Our law office specializes in probation and succession (inheritance) law. In this article by attorney Anat Levi, you will learn the grounds by which you can oppose the issuance of a probate order, as well as the steps you should take and what professional opinions you must have.

On the other hand, if you want to make sure that you have written a will in a completely correct manner, or you need to draft a will, it is recommended that you learn the requirements for writing a will and testament in Israel.

What Do You Do if the Will Is Not in Your Favor?

First of all, we must emphasize the importance of choosing the right strategy in this situation. In contrary to the popular belief, there is no point in submitting the objection as quickly as possible. Au contraire, the more diligently and logically written, the higher the chances of the objection being accepted. Therefore, its preparation should be precise and accurate, and it is recommended to consult with a lawyer who specializing in the field prior to submitting the objection.

It is hard to overstate the importance of the stage of preparation and consultation with a lawyer, as well as the importance of the preliminary stage – choosing the right lawyer. In light of the fact that an objection to a probate order can only be filed once, and the amendment of the objection involves quite a few difficulties, we recommend taking a top-notch lawyer who will help formulate and file the objection with the highest chances of success possible.

When Can an Objection to a Probate Order Be Filed?

The objection must be based on evidnce by which the petitioner establishes that it is not an authentic will, or alternatively, that the will does not correctly reflect the true intent of the deceased. To the objection must be attached all the evidence that supports your claims and proves that the facts by which you claim that the will should not be probated are correct.

The Israel probation/inheritance law (1965) Lists the grounds for which an objection to a probation of a will can be filed. Among them:

Lack of competence to write a will – cases in which the will was made by a minor or by a legally incompetent person, or even in cases when the testator could not discern the nature of the will.
A will made not off the free will of the testator – as a result of an obligation the testator made to write it or it’s content.
The will was not made personally – when the person who drafted the will is not the testator themself. In the case of a handwritten will, it is recommended to obtain a graphologist’s professional opinion regarding the identity of the writer.
The testator did not sign the will. In this case, the importance of a graphologist in opposing the will is in proving that the signature on the will is not in the testator’s handwriting.
Other grounds for revocation of a will listed in sections 26-36.

Forgery of a Will

When claiming a forgery of a will, a certified graphologist can check if the handwriting of the person who drafted the will matches the testator’s handwriting. This applies also to the testator’s personal signature. In that case, proving it was forged can even possibly bring about the revocation of the entire will. It is not possible to submit an independent professional opinion of a graphologist, despite its great importance to this claim. Instead, you must file a petition to the family court to appoint a certified graphologist.

Only if the Family Court denies your motion to appoint a certified graphologist on its behalf – you can submit a professional opinion of a certified graphologist on your behalf. In his professional opinion, the graphologist will address the question of whether the testator was the one who wrote the will and whether the signature on the will matches the signature of the deceased. If the graphologist determines they don’t match, you can use his opinion, contend that the will is forged, and request its revocation. (For more information on the different types of wills accepted in Israel, we recommend our article on the subject).

At the same time, it is important to clarify – whether the certified graphologist is appointed on behalf of the court in the context of the hearing regarding the objection to a probate order or whether he is appointed on the behalf of one of the parties – his importance to the claim of forgery is particularly great. He is the specialist who can attest to the authenticity of the will if it was handwritten, or alternatively deny the veracity of a signature imprinted at the bottom of a will that was written on a computer and printed. Court rulings have also established the importance of a certified graphologist’s opinion. For instance, Tel Aviv district court have ruled that “the high road to proving a forgery claim goes through the appointment of a specialist – a graphologist. (A.L v. S.A, 47214-07-12 (TLV)).

Contact the Experts on Probation and Inheritance Matters

At our law offices you will find attorneys who specialize in family law and are also qualified as mediators. Whether you want to object a probate order or a will, or whether you want to draft a will legally, we will be happy to assust. Contact us to schedule a consultation meeting with a lawyer in Jerusalem or Tel Aviv, or a remotec consultation: