Heirs Under Will / Probate

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My brother refuses to give me the original will signed by our father, a widower, who died recently. I want to get the estate divided up. Can I get an order enforcing the will from the Inheritance Registrar if I attach a photocopy of the will which I have ?

Inheritance •Heirs Under Will / Probate

No. The Inheritance Registrar will not use his/her powers to issue probate where the original will is not submitted. He/she is almost certain to use his/her powers under the Inheritance Act to transfer the application for probate to the family court, unless a plausible reason is given for the non-submission of the original, and it is obtained from another source and presented to the registrar.

In certain instances listed in the act the registrar must transfer an application to the family court eg where formal opposition to a probate application is lodged. In addition to his/her obligation to transfer such cases, the registrar has discretion to transfer an application for probate whenever he/she sees it right to do so. If a photocopy of a will is submitted instead of the original this is most likely to arouse suspicion and the registrar will almost certainly transfer the application to the family court for the matter to be examined carefully , including the real reason why the original will was not produced. Beneficiaries and other interested persons will have the opportunity to respond and object . This may even prompt someone holding the original to submit it .

I live outside Israel. Many years ago my uncle, who lived in Israel, gave me a sealed copy of his will. He told me he had ‘remembered me’in his will and was giving me the will so that I would not be forgotten and lose out by living abroad. My uncle has recently died. The will remains unopened, its wax seal intact. Can I open it now and can I claim my inheritance while remaining abroad ?

Inheritance •Heirs Under Will / Probate

Yes to both questions ! Firstly, the will can be opened and the beneficiary living abroad can sign a power of attorney at an Israeli Consulate Overseas appointing a lawyer in Israel to apply for probate (an order enforcing the will) on behalf of the beneficiary abroad.

Does Israeli law put a time limit on when application has to be made for probate regarding a will ?

Inheritance •Heirs Under Will / Probate

No, there is nothing mentioned in the 1965 Inheritance Law or its regulations concerning a deadline within which an application for probate of a will in relation to when the testator died.

What is “probate” exactly ?

Inheritance •Heirs Under Will / Probate

Probate is a special legal order that declares that a will made by someone who has died is actually valid, in whole or part and is a binding declaration of inheritance rights according to that will. It is a special kind of inheritance order, based on the testator’s will, rather than inheritance law, which applies when there is no valid will.

If probate has already been obtained for a will overseas, is it still necessary to apply for probate in Israel regarding Israeli property ?

Inheritance •Heirs Under Will / Probate

Yes.

How can a will be enforced in Israel, when the person who made it dies ?

Inheritance •Heirs Under Will / Probate

Application should be made for an order (called probate) to enforce the will. This can be done by a beneficiary (someone who inherits under the will ) or an interested person.Normally application for probate is to the Inheritance Registrar, but in certain circumstances, it will be to the family or religious court.

Is probate always granted for a will ?

Inheritance •Heirs Under Will / Probate

No ! The Inheritance Registrar or court will only grant probate when it is satisfied that the will is valid – that the testator, the person making it, had the appropriate mental capacity at the time to make a will, and that it represented his/her genuine, last and certain wishes about what should be done with his/her property after his/her death, free of undue influence , trickery or compulsion etc. Sometimes no opposition is filed and the probate process is straightforward and technical, and in other cases an inheritance battle lasting years can ensure, if opposition is filed, and there are even several competing wills.

A will can be upheld in its entirety, or only some of it held to be valid. It can be held completely invalid i.e. cancelled. Where there are two competing wills that were properly made at the time, the later one will invalidate the earlier one, entirely, or partially, depending on the exact content and wording of each.

Who has a right to check and see if an application has already been made for probate of a will after a person has died ?

Inheritance •Heirs Under Will / Probate

According to the Inheritance Regulations of 1998 “after the death of a person an interested party is entitled to receive details from the National Inheritance Register relating to the deceased.”

If an application has been made for probate – an order to enforce a will – concerning the deceased, this will be recorded on the register (note: the National Inheritance register also has a website).

The person wishing to gain access must have details about the person who died – e.g. their full name, I.D. number, address and the date when they died.

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