Objecting to Inheritance

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What does the National Inheritance Register contain ?

Inheritance •Objecting to Inheritance

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.

How can a person who wishes to see a will the deceased deposited with the court or inheritance registrar gain access to it ?

Inheritance •Objecting to Inheritance

An interested party can apply to the Inheritance Registrar for permission to look at the will, under the 1998 Inheritance Regulations. There is no automatic right to look at it. He must state his interest in doing so and the inheritance registrar has discretion to allow him access to it – in whole, or part. He will only be allowed to see the will, or part of it, in the presence of a member of staff. The inheritance registrar has discretion to allow the interested party to receive a photocopy of the will.

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

Inheritance •Objecting to Inheritance

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.

Who can object, and what effect will this have on the application to divide up the estate ?

Inheritance •Objecting to Inheritance

Any interested person can object to an application for an order to distribute the estate. Once objection is filed, the case is automatically transferred to a court to be heard, usually the family court, though it can be a religious court. The person objecting becomes the defendant.

How is someone likely to know that an application has been made for an order distributing the deceased’s estate and how can they object if they wish to ?

Inheritance •Objecting to Inheritance

When an application is made for an order to distribute the estate by way of will or according to common law the strict procedural requirements cover notification of beneficiaries under any will submitted for enforcement and publication of notice of the application in an appropriate newspaper published in Israel . A notice in the newspaper relating to an application for an order to distribute an estate will state a deadline of at least 14 days for filing objections. The Inheritance Registrar himself will check on a national register to see if there are any (other) wills listed relating to the estate. If so, notice will be sent to those beneficiaries who have 14 days from receipt of the notice to object. Strict procedural rules govern the submission of the written objection and require inclusion of an affidavit and other documentation supporting the objection.

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