6.8 Amendment/Cancellation of Inheritance Order

Can the Inheritance Registrar or Court amend or cancel an Inheritance Order granted?

Yes – on the basis of facts or claims which were not available before them, when they granted the original order.

Will the Inheritance Registrar always amend or cancel the Inheritance Order if there are facts or claims it did not know at the time?

No! If it finds that these could have been raised before the original order was granted, and were not raised, then it will transfer the application to the family court.

Will the family court always agree to amend or cancel the order on the basis of new facts or claims?

No! If the court considers that these could have been raised before, and were not, it has discretion to turn down the application.

Can only an heir ask for the amendment of an Inheritance Order?

No,any interested party can, not just an heir.

How can a decision by the Inheritance Registrar concerning the amendment or cancellation of an Inheritance Order be challenged?

By filing an appeal with the family court.

How can an Inheritance Order granted by the Inheritance Registrar and which contains a major mistake be corrected?

By appealing against the decision to the family court.

In which court can one challenge judgments made by the family court in inheritance cases?

The District Court, which has jurisdiction to hear appeals on family court judgments.

Can the discovery of a will bring about a change in an order dividing up the estate?

Certainly – if the original order was to divide it according to law, in the absence of a will, the discovery of the will can result in its cancellation, and the granting of a Probate Order, which will mean that the estate will be divided according to the will, if found valid.

Can a rabbinical court which issued an inheritance order alter or cancel it?

Yes!

Can a religious court that issued an inheritance order then alter or cancel it

if one of the parties concerned objects?

No, once there is objection, the religious court will lose jurisdiction, even though it did grant the original order.

What is the procedure if an heir relinquishes his share after the inheritance order is granted but before the estate is divided?

An application must be made to alter the inheritance order because once an heir relinquishes his share it is as if he never was an heir and should not be mentioned in the order.

Can a court throw out an application to alter or cancel an inheritance order because it was made too late?

Yes – if the relevant time for filing it under the 1958 Statute of Limitations had passed.

Is there a requirement under law for an application to alter or cancel an inheritance order to be published in the press /

No! There is no such requirement regarding an application to alter or cancel an inheritance order. This contrasts with the publication requirement for an application for the original inheritance order.