Contesting a will is a legal procedure that allows a person with a legal interest to challenge the validity of a will or part thereof before a court. Unlike public scandals, contesting a will is a legal step protected by law, granted to those who have a genuine legal reason to believe that the will does not reflect the wishes of the property holder or that the conditions under which it was executed are not valid.

In Israel, the law regarding wills and inheritances is regulated by the Succession Law, 5725-1965, and by extensive case law of the courts. Any person with a legal interest—whether a family member, an unmarried partner, a former spouse, and in some cases even a creditor or assignee—may file a contest to a will if they have a valid legal ground.

Circumstances in which it is advisable to contest a will include: suspicion that the deceased lacked full testamentary capacity (senility, dementia, medication effects), undue influence by a third party, challenging the signature or authenticity of the document, or other legal grounds related to the process or evidence. In such cases, professional legal representation is critical—both for correctly identifying the grounds, drafting a strong opposition affidavit, and presenting the case in court.

Legal Grounds for Contesting a Will

In Israeli law, there are several recognized grounds for contesting a will, each of which requires clear evidence and legal precision:

• Testamentary incapacity of the deceased: If the deceased suffered from mental illness, dementia, Alzheimer's, or any medical condition that impaired their ability to understand the meaning of the will, you may contest it. A medical affidavit and supporting evidence are required.
• Undue influence: When a third party (a journalist, family member, or caregiver) used pressure, threats, or manipulation to alter the will in their favor. This is a difficult ground to prove but essential in achieving justice.
• Challenging signature or authenticity: If there is suspicion that the will was forged, signed under duress, or with questionable witnesses, you may contest it based on handwriting analysis or other evidence.
• Non-compliance with legal requirements: A will that does not meet the requirements of the law (for example, lacking a witness or not signed as required) may be void.
• Irregularities in the succession process: In some cases, a contest may relate to errors in the administration process or court decisions regarding the validity of the will.

Each ground requires clear legal evidence, supporting documents, and precise wording in an affidavit. This is where the role of an experienced attorney comes in—evaluating the grounds, gathering evidence, and drafting an opposition affidavit that will withstand court scrutiny.

Contesting a will is not a quick process. Typically, from the filing of the objection to a final court judgment, one to three years may elapse, depending on the complexity of the case, the number of parties involved, and the court's workload.

Legal Timelines

In Israel, there are strict timelines for filing a will contest. Generally, you have three years from the date of the inheritance order to file an objection. However, under certain circumstances, the court may extend this period. After filing the objection, the respondent has 30 business days to submit a response. Subsequently, there may be additional periods for submitting further arguments, depending on the court's directives.

Cost of Contesting a Will — What to Expect?

The cost of legal representation in a will contest varies according to the complexity of the case, the number of meetings required, and the extent of investment in evidence preparation. Typical cost ranges:

• Initial legal consultation (one meeting): Usually free or a nominal fee to evaluate the claim.
• Preparation and filing of objection: Between ₪3,000 and ₪8,000, depending on the volume of evidence and work required.
• Representation in court proceedings: Usually charged hourly (₪400–₪800 per hour, depending on the attorney's experience) or a fixed fee agreed upon in advance.
• Additional expenses: Medical affidavits, handwriting analysis, or witness fees may add to the total cost.

It is important to note: Investment in quality legal representation may pay for itself if the objection succeeds — either by modifying the will's terms or by restoring your inheritance rights.

Mutual Will Contest — What Is It?

In some cases, when more than one party contests the will (for example, two children contesting preferential treatment given to a third), this is called a mutual will contest. In such a situation, the court may require a settlement between the parties, and the process may become more complex. An experienced will attorney will be able to navigate these circumstances and protect your interests in any case.

One of the most important grounds for contesting a will is undue influence. This is a legal claim that applies when a third party used pressure, manipulation, or undue influence to alter the will to their benefit, contrary to the true wishes of the deceased.

What constitutes undue influence?

Under Israeli law, undue influence is defined as the exploitation of a position of power or trust by a third party, which resulted in a change to the will. For example:

• A caregiver who used their proximity to the deceased to persuade them to alter the will in the caregiver's favor.
• A family member who exerted psychological pressure on the deceased or threatened them in order to receive more in inheritance.
• An attorney or company that exploited the deceased's lack of understanding of legal or financial matters.
• A situation where a third party isolated the deceased from other family members in order to gain undue influence.

It is important to note: Undue influence does not require proof of explicit malicious intent, but only proof that a third party used a position of power or trust in an improper manner, and that this resulted in a change to the will.

How to prove undue influence?

Proving undue influence requires significant legal effort. An attorney will seek:

• Testimony from family members: Individuals who were close to the deceased and can testify to the pressure or influence they witnessed.
• Medical affidavits: If the deceased suffered from mental illness or emotional frailty, this could support the claim that they were susceptible to influence.
• Documents and writings: Letters, text messages, or documents written by the deceased that evidence pressure or influence.
• Analysis of the will itself: If the will changed dramatically from a prior version, this could evidence undue influence.

Throughout this process, an experienced attorney will help you formulate your affidavit persuasively, gather supporting evidence, and present your case to the court in a manner that maximizes your chances of success.