The statement of claim further claimed that the deceased did not bequeath anything to her daughter Yaffa z"l (hereinafter: "Yaffa z"l) – the plaintiff's mother – against the background of a dispute that had occurred in the past between the two. However, in 2012, the relationship between the deceased and Yaffa z"l was renewed at the initiative of the deceased, and the relationship between the deceased and Yaffa z"l and her children began to grow closer again. At that time, the deceased and Moshe z"l were living in London, but on May 24, 2013, Moshe z"l passed away, he was brought to Eretz Israel for burial, and the person who took care of the arrangements for bringing his body and bringing the deceased to Israel was the plaintiff.
- The statement of claim claimed that during her stay in Israel, the deceased was a nursing caregiver and initially lived in the plaintiff's apartment in Tel Aviv. It was further claimed that after the burial of the late Moshe, seven people sat in the defendant's house and after the shiva, the deceased remained to live in the defendant's house. Shortly afterwards, about a month later, the deceased and the defendant quarreled, due to a quarrel between the deceased and one of the defendant's daughters, and following this dispute, the defendant evicted the deceased from her residence. Then, an ambulance was sent to the defendant's residence, in order to transfer the deceased to the residence of the defendant's ex-wife, Mr. David Carasso. At the same time, the plaintiff and Yaffa z"l, took care of tidying up and cleaning the apartment for the deceased, which had been empty for years, as well as essential contents such as a bed from the "Yad Sarah" association and a lifting device, and after the completion of the work, the deceased moved into the apartment, and was taken care of by the plaintiff and Yaffa z"l, who lived with her, and they took care of all her needs.
- In February 2014, the deceased returned to her place of residence in London, accompanied by the mother of the plaintiff Yaffe, z"l, and was cared for by the late Yaffe, who reported to London every morning for extended periods. In the statement of claim, it was claimed that against the background of the change in circumstances in the family relations, while the deceased was in the State of Israel, she undertook to give the plaintiff, of her own free will and irrevocablely, full and immediate rights in the apartment. It was claimed in the statement of claim that at the same time as signing the gift agreement, the deceased signed an irrevocable power of attorney and an affidavit according to which she granted the plaintiff all the rights in the apartment, according to her choice and free will, and shortly thereafter a gift transaction was reported to the real estate tax authorities. Admittedly, during this period, the deceased was in a nursing state, in the sense that she could not perform routine day-to-day activities on her own, but at all the times relevant to the claim, and especially at the time of the signing of the gift agreement, the deceased was completely clear-headed, opinionated, knowledgeable in all her affairs, and was not deprived of the ability to make legal decisions on her own. In addition, the deceased signed a gift agreement, a gift affidavit and an irrevocable power of attorney before a lawyer, after a meeting was held with the deceased and a direct and direct inquiry was made about her situation, her free will, and her decision to give the plaintiff the rights in the apartment as a gift.
- At the beginning of the statement of defense, it was argued that the claim was filed unlawfully, since the plaintiff should have directed his claim against the estate of the deceased and not against the defendant heir personally, since the latter is not the relevant legal person, and it is for this reason that the claim should be dismissed out of hand.
In addition , it was claimed that the deceased was medically and cognitively unfit at the time of signing the gift agreement. The deceased was 79 years old at the time, dementia, suffering from Alzheimer's disease, a patient with a history of chronic kidney disease, diabetes, high blood pressure, is not aware of time and place and has difficulty expressing her wishes. In addition, the deceased could not read or write.