The mistakes you don't want in your will - voila! theorem

Although a will is supposed to be a unifying tool, the one that prevents inheritance disputes, simple or substantive mistakes can nullify it (Photo: ShutterStock)

In recent years, there has been growing awareness of the need for all of us to draw up a will. Although inheritance law clearly defines how property is divided after a person's death, it appears that a will is the surest way in which a person's will will will be fulfilled after his death and that it can be used to prevent, or at least reduce, inheritance disputes.

Wills and inheritances arouse emotions and involve sadness and mourning over the death of a loved one, anger or disappointment on the part of family members who did not get what they hoped for, and of course the fact that it involves money and property, sometimes a lot. All of these can lead to family rifts and inheritance battles, and cost a lot of money due to lengthy legal proceedings.

Although a will is supposed to be a unifying tool, the one that prevents inheritance disputes, simple or substantive mistakes can nullify it. "The courts," says attorney Moshe Zilberman, who specializes in wills, "do not easily cancel wills, out of a desire to fulfill the will of the deceased. It is precisely for this reason that the will must be drawn up professionally and accurately in order for this desire to be realized."

What mistakes will lead to the revocation of a will?

According to Adv. Zilberman, a fundamental mistake that may lead to the revocation of a will is with regard to witnesses. "For example," he says, "if there is a claim of legal competence of one of the witnesses who was present at the time the will was signed, or when the will is signed by only one witness instead of two witnesses. In addition, the heirs in the will - they must not be involved in signing it or serve as witnesses. In other words, if it turns out that one of the witnesses is the beneficiary of the will, it may lead to its annulment."

This issue of involvement in drawing up a will leads to another mistake: an allegation of undue influence. According to Adv. Zilberman, this argument relates to section 30 of the Inheritance Law, which states that a will written under threat, coercion or subterfuge or fraud is liable to be annulled.

"The court," explains Adv. Zilberman, "will examine whether the testator was indeed forced to sign the will, or was an exploitation of his cognitive or physical condition, and will be forced to decide whether the will should be revoked."

Another major and substantial mistake that may lead to the annulment of a will is when the testator is very old or an unhealthy person who does not attach to the will a medical opinion attesting to his competence.

"This is an opening for claims by those claiming the inheritance that the testator was incompetent at the time of signing," explains Adv. Zilberman, "and after the death of the deceased, the writer of the will, how can you prove that he was indeed competent? Therefore, in order to prevent unnecessary conflict and legal procrastination in this matter, it is recommended in advance to attach a medical opinion attesting to the testator's competence to prepare and sign the will."

What about errors in the will? Could they, too, lead to its cancellation?

"Absolutely. The will is a legal document for all intents and purposes, and therefore it is important to be meticulous and meticulous in writing, and it is also recommended to carry out the entire process with the legal accompaniment of a lawyer specializing in the subject, who will make sure to fulfill the wishes and needs of the executor of the will."

Adv. Zilberman notes that small errors, even of date, lack of signature or any other technical defect, may lead to the annulment of the will, and beyond that it is an opening for an heirs dispute that could easily have been avoided.

What would you recommend to someone planning to make a will?

"First of all, this is a very important step that I recommend to everyone. You never know what a day will bring, and what will happen to you and your loved ones. Secondly, I definitely recommend legal advice on the subject, accompaniment in the process. Not all of us are jurists and not all of us understand the intricacies of inheritance law, which by the way is dynamic and constantly updated. Therefore, it is important to have someone objective who will accompany you in the process, understand the legal umbrella and take care of the interests and needs of the will signer in order to ensure that his will will be fulfilled in due course."

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The information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation to take proceedings or refrain from proceedings. Anyone who relies on the information appearing in the article does so at his own risk

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