In the affidavit of the main witness on his behalf, the defendant did not claim anything on this matter, while his testimony on this matter was incoherent and unreliable. For example, the defendant first claimed that he did not sign a power of attorney and then admitted that he had done so. Similarly, the defendant confirmed that he signed the transaction without external pressure and then claimed that the plaintiff forced him to do so, a claim that in any case was not proven in any way (p. 43, lines 19-25 of the Constitution).
- The defendant did not even claim in the statement of defense or in the affidavit that he did not understand what he had signed or any other claim regarding a lack of discretion, while in the affidavit of gift he even explicitly stated that: "My departure as aforesaid, is at my request and will, without any pressure and/or coercion, and it is done when I am fully conscious and in my mental and physical health."
It has already been held that "it is a rule that a person who signs a document is held to have read and understood its contents and that he signed it as a sign of his consent, especially when it is a material document in relation to his assets" (Civil Appeal 6799/02 Meshulam v. United Mizrahi Bank in a Tax Appeal - Diamond Exchange Branch, IsrSC 58(2) 145 (2003), see also Other Municipal Applications 4138/09 Leumi Mortgage Bank in Tax Appeal v. Kobesi (December 12).2011)).
The defendant did not contradict this presumption, including not asking to appoint an expert in the matter of the alleged mental state, did not interrogate Attorney S. on this matter, and the aforementioned even testified that the parties approached him together, he explained to them the significance of the transaction and only after their approval did he proceed with the proceeding (p. 18, lines 32-36 of the Constitution).
In his testimony as well, the defendant confirmed that he had signed documents in front of Adv. S., understanding what he was signing (p. 43, lines 33-35 of the transcript), including his signature on a recurring power of attorney and its meaning. See p. 50, lines 27-28 of the transcript: