"I have known the deceased for a long time. He is a man, a very person, he was very opinionated. Very opinionated, we would meet on the street. He was very opinionated, he was razor-sharp. I interrogated him at length in a family court in 2011. And if someone reads the minutes, he will answer every question properly." (p. 176, paras. 5-8).
- I gave credence to the testimony of Attorney ----- regarding the circumstances of the preparation of the gift agreement, against the background of the dispute between plaintiff 2 and the deceased, the fear of the deceased that he would be thrown out of his home and after his departure there would be no one to take care of his disabled daughter, the desire of plaintiff 2 to save the money he paid for the deceased's debt when he realized that the deceased would not bequeath his house to him. When the defendants were the ones who paid the debt to plaintiff 2 in the place of the deceased, and the house was transferred to them as a gift from the deceased.
C-4 The date on which the plaintiffs knew of the gift agreement
- The plaintiffs claimed that to their surprise, only on the seven days of the deceased's death did they discover that the deceased had transferred his house as a gift to the defendants (paragraph 27 of the statement of claim).
- However, it was proven from their testimony and affidavits, as detailed below, that some of them knew in real time about the transfer of the house as a gift, or at least shortly thereafter, during the deceased's lifetime, when he was legally competent.
The fact that the plaintiffs did not testify truthfully about the date of their knowledge of the gift agreement is attributed to their obligation. Beyond the serious damage to their credibility, the very fact that they no longer acted against the gift agreement during the deceased's lifetime, despite their claim of impairment of his competence and judgment (which was concealed), testifies that they knew that the deceased was firm in his mind and would not be able to influence him to cancel the gift agreement.