In the aforementioned judgment, it was held that "the act of the agent is not necessarily considered to take part in the drafting of the will unless the agent shows too much activity... When his activity is not limited to a mechanical act of conveying the will of the deceased, when "he is the one who brings out and brings the rectangle and the explainer, and he maintains constant and continuous involvement from the moment of the engagement with the lawyer until the signature of the deceased, this is excessive activity that exceeds the limits of what is permissible...'The test is ultimately the test of common sense'" (ibid., p. 30).
In another case, it was held that the fact that the beneficiary brought the deceased to the office of the attorney who drafted the will who had previously handled his affairs does not constitute taking part in the drafting of the will (Civil Appeal 2500/93 Steiner v. The Mutual Aid Factory of Central European Immigrants (IsrSC 50(3) 338).
In this context, it should be noted that if the testator needs the assistance of others in order to make the will, including for the purpose of transporting him to the law firm, it is reasonable to assume that the person who will assist him will be those close to him, including those to whom he wishes to bequeath his estate or part of it out of that proximity (Civil Appeal 142/80 Mirsky v. Mirsky PD 35(2) 155).
- In our case, the only alleged involvement of the objector is that he drove the deceased to the notary's office. The notary testified that in all of his conversations and meetings with the deceased, the deceased was alone and it was not noted that she was accompanied by another person. As stated above, transporting the testator to the office of the testator does not amount to involvement in its drafting.
The plaintiff testified that the deceased drove with him to the bank to add him to her accounts and that she told him that she would just enter the notary whose office is located nearby (p. 122, paras. 12-16 of the minutes of the hearing of December 29, 2022).