A: The signature is fake, yes" (ibid., p. 3, s. 7).
"The Honorable Judge: Sir, regarding signature examples, it's something else, an expert, maybe it's a legal matter. Why didn't you bring evidence to prove the claim of forgery? That's the question.
- (interpreter): I said where I would get the proof from.
Q: For example, I will help you, for example, you could go to court and ask for an order for the deceased to sign at the banks, for example, or for her signature in the health funds or for her signature with the credit companies, and you haven't done it yet, why? Maybe because you don't believe this claim?
- (interpreter): I didn't know where to get her signature" (ibid., p. 4, s. 3)
"The Honorable Judge: We will leave it to her to determine whether the deceased was clear in her mind, understood what she was stamping on intellectually, cognitively, that is the question.
- (interpreter): Lately I don't know if she was as if she was of an opinion (unclear).
The Honorable Judge: Wait a minute, sir. Asked about a specific date, right? The date of drafting the will, the late, March, 2016.
A: I don't remember, I don't remember, I don't remember (unclear), sorry, but,
Q: But you wrote in your affidavit,
A: Okay I don't remember when I wrote it, you ask me what you ate yesterday, I don't tell you" (ibid., p. 4, s. 26).
- In his summaries, the son still hints that the deceased's signature was forged - even though he was careful not to claim this explicitly. According to him, the will should be invalidated for various reasons, "even if it is proven that the deceased signed the will."
- Without derogating from the burden of persuasion placed on the shoulders of the daughters in our case, I find no basis for the son's claims against the deceased's signature, and it seems that these were made casually and were not developed. More than necessary, I will add that a claim of forgery entails an allegation of fraud and it touches the criminal law. Claims of this type involve a heavier burden of proof than usual, while the son, as stated, is far from the evidentiary standard required for such claims. For all these reasons, I reject the son's arguments in this context.
- In our case, I was persuaded that the deceased signed the late will with her signature, and in any case it was not claimed by the son who according to him forged or took part in forging the deceased's signature. I did not find any reason to doubt the testimony of the will's executor, the esteemed anonymous sheikh, who testified about the deceased and the witness's visit to his home. I got the impression that the sheikh was meticulous in telling the truth and was consistent in his version regarding the visit to his home (see transcript of 22 November 2021, p. 2 ff.). According to him, "It was according to her choice and her will, without anyone forcing her to do it, and that she was physically and mentally healthy, and what is written here is what she said, and I wrote it down word for word, what she said" (ibid., s. 26). The sheikh further added that "what is written is what she asked for, and I signed, there is her signature here, and my signature as well" (ibid., para. 38). Later in his testimony, he added that "[...] I came here because of this will that I made and I signed it, and the deceased also asked to make the will and signed it, 100% she came because of this will and what is written in the will is the truth" (p. 5, s. 10). The honorable sheikh further added regarding the deceased's signature on the will before him:
"Q: Did the testator sign the will in front of him or his wife?