Heirs Under Will / Probate
If a beneficiary under a will claims that there is a technical mistake in a sum bequeathed to him /her in a will , and an application has already been made for probate, what must he/she do to get the amount he/she thinks is due ?Inheritance •Heirs Under Will / Probate
When a court grants probate can it cancel certain instructions in the will and grant probate for only some of the instructions ?Inheritance •Heirs Under Will / Probate
Can a court considering an application for probate of a will turn the clock back and re-consider the merits of an previously order granted to distribute the deceased’s estate according to law, but which was cancelled by consent ?Inheritance •Heirs Under Will / Probate
Can the lawyer representing someone applying for probate of a will written abroad provide an expert opinion on foreign law regarding the deceased’s property in Israel ?Inheritance •Heirs Under Will / Probate
No, according to the 1996 Bar Association’s Rules of Ethics because of the risk of a conflict of interest if he is required to testify in court about the opinion.
How strict are courts in Israel about accepting granting probates for oral wills?Inheritance •Heirs Under Will / Probate
Extremely strict. Israeli courts interpret the provisions regarding the making and validity of oral wills in the Inheritance Act of 1965 very strictly, obeying Supreme Court instructions, due to the potential for financial exploitation .
Can probate still be granted for an oral will if the procedures for making and depositing it are not strictly kept ?Inheritance •Heirs Under Will / Probate
My aunt died, leaving me some of her property in Israel, according to a will she made in English, abroad before she made ‘aliyah’. In it she appoints some relatives whom she gives very wide powers in relation to the distribution of her property. I want to apply for probate in Israel , but don’t know whether to make a translation.Inheritance •Heirs Under Will / Probate
Does a will in English have to be translated into Hebrew before probate can be granted ?Inheritance •Heirs Under Will / Probate
Not in theory according to the Inheritance Regulations – but in practice someone requesting probate on the basis of a will written in English may be asked to provide a translation in Hebrew.
f a native English speaker chooses to get a will drawn up in English in Israel, will he, or his surviving relatives, have to go to the expense of getting a Hebrew translation for probate purposes ?Inheritance •Heirs Under Will / Probate
Not as a rule, but only as an exception, and the discretion to order a translation must be reasonably exercised. The amended Inheritance Regulations of 1998 give English an advantage over other languages; no translation into Hebrew or Arabic of a will drafted in English is required, although the registrar or court dealing with an application for probate has discretion to order such.
Can probate be granted if the original will is not produced ?Inheritance •Heirs Under Will / Probate
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