A Lawyer Specializing In Wills And Inheritances
Will defects and their corrections
Since the will document is so critical, the legislator set clear rules for how it should be edited. Therefore, if one of the instructions isn’t followed, the will might be invalidated. According to Section 25 of the Law of Inheritance, there are some defects that can be corrected. In other words, it’s possible to uphold a will even if it’s defective.
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
Invalidation of a will
As we stated at the beginning, a will prepared without following the rules of the law may be invalidated. What is the significance of such a step? If a will is declared invalid by the court, the estate of the deceased will be distributed according to the law rather than the provisions of the will. Alternatively, if another will was presented to the court that he believed to be valid, then the estate will be distributed according to what is stated in it. Consequently, it is important to note that the court may annul a will in whole or in part. As a result, the court can determine, for example, that one section of the will is invalid while the remainder is valid. What is the timeframe for the court’s invalidation order? The court is presented with an objection to the granting of an order for execution of a will. It is proven to the court that one or more of the causes for invalidation in the law apply. The court may invalidate a will for a number of reasons, including: an unfair influence on the will’s drafter, a will drafted by a person who is not legally capable, a will that favors a witness to its drafting, etc. When, however, an objection is filed due to a defect that can be corrected, the court may reject the objection and issue a will enforcement order.
An objection to the will
When a person passes away and leaves behind a will, the heirs must obtain a will enforcement order in order to implement it. It is necessary for them to submit an application to the Registrar of Inheritance Matters, who then publishes the application in a daily newspaper. The publication is intended to allow those interested to object to the will, and if they do so, the registrar will forward the case to the family court for hearing and determination. An individual who wishes to object to a will must cite one of the causes of invalidation listed in the Law of Inheritance. Furthermore, the defect pointed out by the objector may be substantial or technical. How do they differ? If the objector meets the burden of proof, a substance-related defect cannot be corrected and the will may be invalidated. A court may order the execution of a will despite technical defects since technical defects can be corrected by the court.
The will contains a mistake
Additionally, the legislator granted the court the authority to correct defects in a will in addition to ordering that the will be declared null and void. It is stated in Section 30 (b) of the Law of Inheritance that an instruction in a will that was made by mistake will not invalidate the will, provided that it is possible to clearly determine what the testator intended to instruct in his will had it not been for the mistake. The court has the authority to correct what errors? The omission of a letter from the heir’s name, or the omission of a digit from the bank account details, is an example of a clerical error. This section is intended to ensure that a marginal technical defect will not prevent the execution of the deceased’s will as expressed in his will, as long as it is possible to understand what his desires were. Whenever the answer is negative, the provision in the will containing the mistake will be revoked.
Have you considered making a will?
We encourage you to seek legal advice and to reduce the possibility of having your will invalidated in advance.
The above example illustrates how complex a will can be. We recommend that anyone who wants to draw up a will contact us and arrange a consultation meeting with a lawyer who specializes in this. Our lawyers will draft your will together with you in a thorough and meticulous manner, in accordance with all the rules and requirements of the law, thus minimizing the possibility of opposition.
Thus, you can rest assured that when the time comes, your property will be distributed according to your wishes. We are also available if you wish to change the will, for example due to a change in family circumstances.
Mor & Co. Law Firm’s Family Law and Inheritance Department has extensive experience in this area. Our firm is involved in numerous wills and inheritances. These are complex matters involving a great deal of emotional and legal involvement. The department handles litigation and representation in courts on a daily basis.
Our goal is to fulfill our clients’ needs to the best of our ability and to make our rich experience in the field available to them.
For legal advice (with NO obligation) regarding wills and inheritances, please contact us at 02-595-3322 or by WhatsApp at 050-441-1343
