Inheritance

No! your mother had the right to sign a new will because their joint/mutual will was signed before the amendment to the Israeli Law of Inheritance. In a similar case which was brought before the Family Court in Jerusalem (Case # 38653-08-20) it was ruled that since the amendment to the law entered into force after the signing of the mutual/joint will then the surviving mother was allowed to draft a new and different will. The Court also found that the surviving mother did not act in bad faith.

Possibly so. The Court will first examine whether your brother’s widow may be considered “an interested party”‘ according to the law, meaning, whether she has an objective financial interest in your father’s estate, in the present (not a future interest). If the answer is yes, then she may file her objection. On the whole the Court does not tend to strike out legal proceedings and allow whoever is interested to bring his claim to court (Case # 20705-03-24).

You should file an objection to the Family Registrar. Consequently, the file will be moved to the Family Court in the relevant district. In your objection to probate, you should detail your claim about the undue influence that you claim your brother put on your late mother and ask to cancel the will she made under the influence. The Court will consider all the circumstances surrounding the signing of the will by your late mother (“The Interwoven threads” rule), if there is basis and proof for your claim (Case 70397-03-24).

A great importance indeed. For example, in case # 61436-07-20, the Family Court in Ashdod dismissed an opposition to the probate of a will, after hearing the notary’s testimony, who drafted the deceased will, who had known the deceased and her children for years and who in his testimony clarified the circumstances which led the deceased mother to disown two out of her four children, from her estate.

Not necessarily. The Family Court in Petach Tikva, has recently probated a will despite the presence of the only beneficiary (the deceased’s wife), at the time of the signature, because she was not one of the witnesses to the will, and did not partake in the drafting of the will, she was just present there (Family Case # 61436-07-20).

The National Inheritance Register contains computerized information on wills, memos of oral wills, and applications for orders to enforce wills, or to divide a deceased’s estate according to law. In addition it contains details of orders granted in relation to the distribution of a deceased’s estate, whether by will, or by law. Furthermore, it also gives information about orders appointing executors of estates. The information found on the register relates to applications and orders granted by inheritance registrars , and civil and religious courts throughout Israel.