Section 25 of the Inheritance Law states as follows: "If the basic elements of the will have been fulfilled, and the Registrar of Inheritance Affairs or the court, as the case may be, have no doubt that it reflects the free and true will of the testator, he is entitled to uphold it by a reasoned decision even if one of the details or in one of the proceedings specified in sections 19, 20, 22, or 23 or in the capacity of the witnesses or in the absence of any of the details or in any of the proceedings as aforesaid."
A will can be made in a number of ways prescribed in the Inheritance Law, and in each of the ways, the components of the will are determined in the law. The components of a will are divided into basic components without which the document does not constitute a will, and additional components without which or in a place where there is a defect in the will, the will can be executed according to the provisions Sec. 25 to the Inheritance Law, while the burden of persuasion is to prove that it reflects the "The free and true will of the testator" It is up to the person who wishes to execute the will (and not to the person who objects to its execution). In this context, it should be noted that over the years, additional elements have been added in case law, the absence of which or where a defect occurred in them, which leads to a reversal of the burden of proof.
- In our case, the will that is the subject of the claims is a will before an authority accordingly 30 22 The Inheritance Law 1965. The opponents argued that there were formal defects in the will for which the application for an order to probate the will should be rejected, including the lack of a serial number on the notarized certificate, the failure to indicate the amount paid for the action, and the failure to read the will to the deceased.
Sec. 22 The Inheritance Law determines the components of a will before an authority, and this is what it says:
"22(a) A will before an authority shall be made by the testator by saying the words of the will orally before a judge, a registrar of the court or a registrar of inheritance matters, .... or by submitting the written words of the will by the testator himself to a judge or a court registrar...