In view of the very murky relationship between the plaintiff, the late Yaffa and the deceased, I find it very difficult to trust the plaintiff's testimony that while the deceased was in the apartment under his care, there was an idyllic relationship and that the deceased gave the apartment as a gift as a token of gratitude to the plaintiff.
- Given the nature of the relationship that existed for quite a few years between the deceased and the rest of the family, the plaintiff did not meet the burden of proving that the granting of an apartment as a gift from the deceased to him was reasonable in the circumstances of the case, but rather the more reasonable conclusion is that if there had been a gift it would have been tainted by improper influence on the part of the plaintiff.
Conclusion and conclusion:
- In light of the above, it was proven before me that the circumstances of the conclusion of the alleged gift agreement were circumstances of oppression. The deceased was a nursing woman confined to her bed and in need of the full help of others. The deceased was completely and completely dependent on the plaintiff and Yaffe z"l. The circumstances in which the deceased was held in an apartment, which was an uninhabitable apartment, When her real desire was to return to London, and apparently while isolating her from the rest of the family, she created a psychological and physical dependence on the plaintiff and Yaffa z"l. Moreover, the deceased, who did not know how to read and write, was allegedly signed by an attorney brought by the plaintiff, and it is not clear whether he explained the contents of the document to the deceased before she signed it. The deceased did not receive independent advice on her behalf, and the legal principles that were claimed to have signed the deceased were on behalf of the plaintiff. The return of the deceased shortly after she signed the gift to London, where she should have been returned months earlier, even strengthens the conclusion that the plaintiff's entire purpose was to extract the apartment from the deceased as a gift. Finally, I came to the conclusion that in the circumstances and against the background of the murky relationship between the deceased and the plaintiff and the late Yaffa It is unlikely that the deceased would have given a gift to the plaintiff of her own free will. The relationship between the deceased and the rest of the family was very strained. In the correspondence, the plaintiff did not spare words condemning the deceased. There is also no dispute that the deceased had a dispute with the plaintiff's mother even before she signed the gift agreement, when the plaintiff had a very negative charge towards the deceased, who saw her as the one who threw him and his family into the street.
- Taking into account the above, I am of the opinion that the deceased's full and thorough dependence on the plaintiff during the relevant period has been clearly proven. The other circumstances detailed above establish the determination that the gift transaction, insofar as it was given by the deceased, was under conditions of oppression, and therefore the defendant argued for its cancellation. The plaintiff, for his part, did not bring any medical evidence to show what the deceased's condition was in real time.
The result:
- Considering the above, the plaintiff did not prove that the deceased signed a gift agreement. Alternatively, even if she signed, the gift transaction is invalid, since it was made under conditions of oppression. Therefore, I order the dismissal of the plaintiff's claim for enforcement of the gift agreement.
The plaintiff will bear the defendant's expenses in the sum of NIS 25,000.