Later in his interrogation, he was asked:
- And did she tell you all this in Hebrew?
- Yes.
See page 6 of the transcript, lines 25-26 .
- Ninth, the argument of the opponents that the deceased spoke Iraqi Arabic with her family members does not necessarily indicate that the deceased did not speak Hebrew, since it is natural and reasonable that she spoke in her native language, which was fluent in her mouth and comfortable with her. The deceased may have indeed conducted her daily life in the Iraqi Arabic language, but she also knew Hebrew, albeit on a simple level, and also understood the Hebrew language. In contrast to the defendants' version, which was not supported by external testimonies, there is the plaintiff's version as well as the testimony of Attorney P. and the secretary, and it is clear from them that the deceased also knew how to express herself in Hebrew, to understand, to speak, and to communicate with people on a satisfactory level.
- Tenth, against the background of the testimonies detailed above, especially those who have no interest in the outcome of the trial, I determine that the deceased knew how to express herself in Hebrew as well, to understand, to speak, and to communicate with people both in her family and in her slavery, on a satisfactory level. Admittedly, as it appears from the testimonies, the deceased did not know Hebrew at a high level, and even this language was not a fluent language in her mouth, when she conversed with her family members, mainly in Iraqi Arabic, and sometimes she may have had difficulty with Hebrew words, nor did she know how to read or write in Hebrew, but this does not prejudice the conclusion that the deceased did indeed know how to express herself in simple Hebrew and sufficiently understandable.
- In addition, and as appears from the testimonies of the parties, this is a deceased who was clear in her mind and independent during the relevant period for the drafting of the will. Her knowledge and proficiency in Hebrew, although not at a high level, enabled her to bring before Attorney P. Her desire to make a will and understand the explanation given to her by Attorney P., especially when the provision underlying the will, in and of itself, is not complex and uncomplicated, on the contrary, it is a short and clear will whose essence is to inherit all the rights of the deceased to the plaintiff.
- In summary, I was convinced that the deceased's mastery of Hebrew was neither limited nor limited to a few words, which are very useful and basic in everyday life. In view of the deceased's proficiency in the Hebrew language, I am of the opinion that she was able to understand the content and meaning of what was stated in the will. The deceased was fluent in Hebrew sufficiently to express her desire and bequeath her property to the plaintiff, and the will expresses this desire.
- What emerges from the above compilation and from the evidence is that the deceased was proficient in the Hebrew language sufficiently to express her free will and also to sign it with full knowledge and understanding of the content of what was stated therein, and that the will reflected her true will.
Conclusion:
- Therefore, and in light of the above, I state as follows:
- The application for an order to probate the deceased's will is granted.
- The objection filed to the application for an order to probate the deceased's will is rejected.
- In light of the result I have reached, I order the defendants to pay the plaintiff legal expenses and attorney's fees in the total amount of ILS 15,000, which will be paid within 30 days, otherwise the sum will bear linkage differentials and interest in accordance with the law from the date of this judgment until the full payment is actually
- The probate order of the deceased will be issued in a separate decision.
- The secretariat will provide the judgment to the parties and close the two cases in the heading.
Publication with the omission of identifying information is permitted.