A will whose instructions are based on a joint will of both spouses – where each spouse bequeaths the property after his or her death to the remaining spouse. Sometimes the will does not determine who will inherit the remaining spouse, and thus the court is required to intervene and interpret the will.
This type of will is drawn up and signed by two witnesses over the age of 18 who are not entitled to share in the estate. The role of these witnesses is to confirm with their testimony and signature the testator’s signature on the will and that this is his last will. The will must bear the handwritten signature of the will and the date on which it was signed.
This will is written entirely in the writer’s handwriting and must bear a date and a signature in the writer’s handwriting. It must be ensured and proven that the person who wrote the will did so with a clear mind and without being pressured or influenced by another person.
A “shakib mere” will is a will that is passed on by a sick person who is terminally ill. The commandment must be before two witnesses who must hear the testimony of the commandant and the testimony must be recorded in a memorial, signed in front of two witnesses, and deposited with the registrar of inheritance as close as possible to the date of signing.
The registrar of inheritance examines all documents relating to inheritance. For example, if a file is opened in the case of the deceased, if he deposited a will, and the registrar’s office publishes a notice to the public about the submission of the application. if there are objections to the will, they must be submitted to the registrar’s offices for inheritance matters. The testator can deposit his will with the registrar of inheritance matters, thereby guaranteeing that after his death no other inheritance order will be submitted that ignores his will.
An inheritance order is an order that declares the identity of the heirs, their rights, and their share in the estate according to law. The applicant for the issuance of the inheritance order must be the heir of the deceased according to law and must notify the other heirs of this by sending a message by registered mail.
A will order according to the will of the deceased declares the identity of the heirs and their share in the estate. The applicant for the issuance of the execution of the will must be the heir of the deceased according to law and must notify the other heirs by sending a message by registered mail, which of the legal heirs can object to the execution of the will.
The inheritance law leaves an opening for filing an objectionand annulment of a will if the conditions stipulated in the law are met. Claimsagainst an estate – claims regarding the rights and distribution of property ofthe deceased.
In some cases, before the inheritance matters have been settled, the bank, on its own initiative, freezes the joint account until the inheritance is officially recognized. This option can be fateful in the event that the surviving spouse cannot operate on the account that until recently was his own account, but must wait until the inheritance matters are settled. We have creative solutions for these types of problems.
Matters can be complicated and cause bitter disputes between the heirs. Often, actions performed by one of the heirs create very serious consequences for the rest of the family.
In one case handled byour office, it was that of an elderly woman whose son, who in terms of “vishman yeshuron and kicking” managed to sneakily get her sick husband to sign a will according to which he is the sole heir to the entire estate. When the father went to his home, the son sought to exercise his rights to the apartment where the mother also lived.
According to the real estate laws, the son’s ability was to sell his share in the apartment and thus he would have forced his mother to vacate the house she lived in and be thrown out onto the street. As part of a lawsuit that we filed in the rabbinical court, we were able to obtain a judicial order that does not allow the continuation of the process of dissolution of the partnership, including the sale of the property, while later we were able to obtain a precedent ruling in the high court according to which the mother could remain in her home for the rest of her life as alimony and a share of the husband’s estate, which she was deprived of everything.
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