Succession Regulations
Form 2
(Regulation 14(a))
Before the Registrar for Matters of Succession in ……………[ ] (mark X in appropriate box)
Before the ……….. Rabbinical Court in ……………. [ ] (mark X in appropriate box)
File…../…….
In the matter of the estate of the late ………..
Application for Probate Order
1. The applicant
(1) Name of applicant……………………….(2) identity no……………..
(3) Address ……………………………………………………………………..
e-mail address (only if applicant is not represented) ……………….
telephone no.……… mobile phone no.:…………(only if applicant is not represented)
(4) Interest in grant of order………………………………………………………
(5) Represented by attorney…………………………………………………….
(6) Address for service ………………………………………………
e-mail address (of attorney)
telephone no. …….mobile phone no.: ……………………… (of attorney)
2. The testator
(7) Name of testator……………………….identity no. ……………………..
Whose domicile was at ………………………………
And who died on …………………… at ………………………………….
Marital status [ ] single [ ] married [ ] widowed [ ] divorced (mark X in appropriate box)
(8 Attached are document/s as proof of death: …………
……………………………………………………………………………………
3. The will
The testator left behind a will ………………………………… (note the type of will according to section 18 of the Law),
dated …………………… and to my best knowledge he did not revoke such will or leave another will / he left another will* dated………….
An original copy of the will is attached * / was deposited with the court / at the Registrar for Matters of Succession *
in …………………………./ was submitted to the court / the Registrar for Matters of Succession * in …………………………………………………………………. .
(Where the original of the will is not submitted, the reason for this ………………………………).
4. Legal capacity of the beneficiaries
The beneficiaries under the will include / do not include*
[ ] minor [ ] ward[ ] missing person [ ] corporation
(mark X in each appropriate box)
(If the answer is yes, please note the name, identity number and address of the beneficiary and if it is a corporation, the type of corporation and registered address).
5. Changes in beneficiaries prior to the testator’s death
The following beneficiaries predeceased the testator:
Name of beneficiary………………… identity no. ………………. Relation to the decedent ……………………………….
died on ……………….. and left behind the following children, as proven below:
1.…………………………………………………………………………………
2.…………………………………………………………………………………
6. Changes after the testator death:
(9) The following beneficiaries renounced their share/portion* in the will based on the attached documents:
Name of beneficiary ………………………………………………………………
Share or portion renounced …………………………………………
If renounced in favor of specific person (testator’s spouse, child or sibling) -
person in whose favor he/she renounced:
Name……………….. identity no. ………. relation to decedent…………..
(10) Beneficiaries under the will who died after the testator:
Name of beneficiary ………… identity no. ……… relation to decedent…....
died on ………….., as proven by …………. and left the following heirs, as proven by the following documents:
………………………………………………………………………………………….
(11) Beneficiaries –
In light of the provisions of the will and paragraphs 5 and 6 above, the beneficiaries according to the will are:
No. / Name of beneficiary / Identity no. / Address / Relationship to testator / Legal capacity / Share or portion in the will1.
2.
3.
4.
5.
(12) The applicant sent notice by registered mail, according to section 14(b)(4) of the Succession Regulations, 5758-1998 to the beneficiaries on ………………..
[ ] Such notices were not sent, because ______
(13) The executor under the will is ………………. identity no. …………….
address …………………………………
(14) The Registrar for Matters of Succession/the Rabbinical Court has authority to hear this application in light of the following** ……………......
I am therefore applying for probate of the decedent’s will dated …………………………
Affidavit
I, the undersigned…………………… identity no. …………………
After being warned that I must state the truth and will be liable to the legal penalties should I fail to do so, declare that all the facts I stated in this application are the truth, the whole truth and nothing but the truth.
…………………………date / ……………………………….
Signature of applicant
I hereby confirm that on …………………. , Mr./Ms…………………….. appeared before ………………….., at my offices at …………………………………….., identified by identity no. ……………….. / known to me personally, and after I had warned him/her that he/she must declare the truth and that he/she would be liable to the legal penalties should he/she fail to do so, confirmed the above declaration and signed in my presence.
………………………………………..
Signature of person receiving affidavit***
For the attention of the person completing the form:
1)All section of the application must be filled. Strike a straight line through any section that is inapplicable or not required in this case.
2)You must attach a death certificate or declaration of death of each person whose death is relevant to the application, unless you intend to petition to prove the death in any other manner; in such case, such a petition must be filed with this application. Such a petition must specify the circumstances of death and the reason for not submitting a death certificate.
* Delete as applicable
** Specify the facts vesting authority in the Registrar for Matters of Succession under Regulation 13(a) of the Succession Regulations, 5758-1998
*** An affidavit may be signed before a lawyer, judge, rabbinical judge or head of a local authority