Wills and Inheritance
What is a will?
A Will is an essential legal document that ensures your wishes are legally binding and carried out according to your wishes. It is a thoughtful way to provide for your loved ones and ensure that your assets are distributed in the way that you intend.
With a Will, a person can determine who their heirs will be, how to divide their assets, what will be done with them, etc., etc. In addition, for example, one may determine who will be an "heir after an heir", that is, to determine that a certain person (for example, a spouse) will inherit the entire estate and only after the death of the spouse, the estate will be divided among the children.
In the event of the absence of a Will, the estate (inheritance) will be divided according to the Israeli Inheritance Law, 5729-1969. However, there are numerous situations in which the law fails to adequately address a person`s specific wishes and priorities. A well-crafted Will aims to accurately express one`s preferences and desires while also preventing potential family conflicts that may arise after one`s passing. Moreover, it reduces the likelihood of the Will being contested in court during the probate stage.
Prior to drafting a Will, I will take the time to understand your unique circumstances, including your family composition, such as whether you have young children or family members with special needs whom you are concerned about regarding their future well-being. I will also consider factors such as whether you are married, remarried, or possess assets acquired prior to the marriage, as well as any ongoing business ventures. By obtaining a comprehensive understanding of your situation, I will be able to provide appropriate guidance and assist you in creating a customized Will that aligns with your individual wishes.
Objection to the will
Sometimes, after a person's death, there is concern that the will of a close person does not reflect the wishes of the person who passed away.
The law allows you to file an objection to a will. The main grounds for objection are:
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Incompetence of the mitzvah at the time of making the will - the common case is when it comes to an elderly person who suffered from dementia at the time of making the will and there is doubt as to his competence to make the will.
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Unfair influence on the mitzvah - when there is a fear that the person who won, in an unusual way, exerted an unfair influence on the mitzvah in order to tilt the will in his favor - an objection to the will can be examined For this reason..
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Forgery - sometimes a suspicion arises that it is a forged signature of the mitzvah or the witnesses.
Objecting to a will is a complex procedure that requires expertise and experience. Sometimes expert opinions on the subject of competence (medical expert) or proof of forgery (graphologist) are allowed.
If you have any doubts about a will, you can consult me so that I can give you an assessment of the chances of success in a will opposition procedure, based on the data you will present to me.