Here it should be noted that in the matter of reading a will to the testator, it has been determined in case law that in a will in witnesses prepared by a blind testator, it must be noted on the surface of the will that it was read to him in a language that he understands, otherwise the applicant for the execution of the will must prove with evidence that the testator knew that it was his will (Civil Appeal 2119/94 Landau v. Winn, IsrSC 49(2) 77; 86 See also the judgment of the Honorable Justice Shochat in the matter of Estate Case 4280/00 B.S. v. A.Z. (published in Nevo, 03.12.20226), where the Honorable Justice Shochat is precise that in such a case the burden of persuasion is not transferred at all within the meaning of section 25 of the Inheritance Law, but rather the burden is for the testator's understanding of the provisions of the will and in this matter only. At the same time, it should be noted that the matter of reading the will is determined in section 22 as part of the components of a will before an authority and is not mentioned as part of the components of a will in witnesses (where it is determined by case law as a component that must be noted in certain cases).
- With regard to the scope of the burden, the trend in court rulings is to distinguish between the types of defects and to adjust the required threshold of the burden of persuasion to the nature and severity of the defect. This was extensively cited in the judgment in the matter Family Appeal (Tel Aviv District) 38138-09-11 A.N.S. V. A.M.K. ET AL. (Published in Nevo, April 14, 2013) as follows:
"The provision of section 25 of the Inheritance Law... It does not distinguish between defect and defect in terms of its nature, character and the intensity of its defect in the will..... This assertion has been severely criticized in the legal literature and in later case law in light of the requirement to have a degree of persuasion on the level of 'the court had no doubt'... This degree of persuasion, which the case law has placed at a level equal if not higher than that required in criminal law, burdens and makes it difficult for the applicant to probate it, who may find himself even due to a slight defect, a minor defect in it, faces a heavy burden of persuasion to prove the truth of the will from a material point of view. Such a high degree of proof may, therefore, in many cases thwart the will of the testator..."