The Family Court in Kiryat Gat recently annulled the will of a woman who immigrated from Ethiopia after finding that, despite the document’s claim, it had not actually been translated into Amharic for her. The deceased, a mother of five, came to Israel in 1998. She signed the will in May 2015 in favor of one grandson, the son of her daughter, while disinheriting her other children and grandchildren.
Because she did not speak Hebrew, the will stated that it had been translated to her into Amharic. But after she died in December 2021 at age 93, and about six months later a probate order was issued, several of her children and grandchildren filed an objection. They argued the translation never happened, pointing to the testimony of one witness who was said to have served as interpreter and who allegedly admitted he had not translated the document.
The grandson who inherited under the will denied that claim and said the document reflected his grandmother’s true wishes, citing the care he provided her. He said he looked after her regularly, brought food when her caregiver did not come, bought her a phone and television, and carried out repairs and renovations in her home, including replacing the solar boiler, water pipes, toilets and shutters.
Judge Diana Pasu-Avgo accepted the witness’s account and ruled the lack of translation was a material defect warranting cancellation of the will. The witness repeatedly insisted, “I did not translate, I was there for the signing and that was the end of it,” and the judge found he was consistent that he did not speak the deceased’s language and did not hear anything from her. The court held that the will was not in fact translated, the testator did not understand its language, and the presumption of validity was overcome. It ordered the will cancelled and imposed 35,000 shekels in legal costs on the grandson.
