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Agency Law and Its Relationship to Trust Law - Chapter 12 - Trusts and Estate Planning in Israel - Second Edition
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This chapter is from Trusts and Estate Planning in Israel, Second Edition
PAGE PREVIEW The relationship between an agent and principal in Israel is governed by the explicit terms of the Agency Law. A relationship created between a principal and an agent prior to this law’s effective date (1965) continues to be governed by the preceding law, namely, provisions of the Ottoman Megelle as interpreted by the courts in past decisions. Agency differs from a contract in that it deals with a three-way relationship. A contract deals with relations between two parties, the offeror and the offeree, while an agency deals with a three-way relationship: a principal, an agent, and a third party. This unique legal structure creates difficulties that go beyond issues of contract. One of the foundational principles of agency is the grant of power to represent another person in performing legal acts. At first glance, agency appears to be based on a mutual relationship between the principal and his agent, which creates rights and duties that bind the parties to one another. In various European countries agency developed primarily according to the contractual form (mandatum). Yet notwithstanding the fact that agency relations in practice generally lead to contractual relations, the Agency Law adopted a model that is not contractual, but is rather based on a legal relationship that includes the third party. The third party’s status is expressed not only in the activation of the power of representation, but also in the creation of the agency itself. Agency grants power of attorney to the agent to enable the agent to create legal relations with a third party in the name of the principal. At the very foundation of the law is the “power of representation,” the principle by which acts that an agent executes in relation to a third party will cause a change in the legal status of the principal toward that party. Like the agency principle, other legal powers of representation can also affect the status of a party not present when an act is performed for that party’s sake.
Dr. Alon Kaplan, Advocate & Notary, is a member of the Israel Bar and was admitted as a member of the New York and Frankfurt Bars. He is the President and founder of the Society of Trust and Estate Practitioners “STEP Israel”. Academically speaking, he has a Ph.D. from Zurich University in Switzerland and an LL.B. and LL.M. from the Hebrew University of Jerusalem. Dr. Kaplan maintains a direct and close relationship with academia, and he was a lecturer on trusts in the Academic Management College, Reichman University, and the Law Faculty of Tel Aviv University, where he taught trust courses for LL.M. students. Dr. Kaplan is a popular lecturer on trusts in Israel and abroad. He constructed the academic program for the Trusts Diploma of STEP in Israel. Throughout his professional career, he has written numerous professional articles in legal journals, on matters of trusts, intergenerational asset transfers and selected commercial law topics such as agent and distributor laws, a topic which he researched for his LL.M. thesis. Dr. Kaplan has been a regular contributor of articles to Trusts & Trustees by Oxford University Press. He has written and edited numerous professional books, among these on doing business in Israel, on trusts in Israel, and on international trusts laws. His book, Trusts and Estate Planning in Israel, is a professional and comprehensive guidebook for practitioners in this area in Israel. Another important book in English is Trusts in Prime Jurisdictions, fifth edition, 2020 which reviews trusts in various jurisdictions by 19 authors from various jurisdictions. In December 2020 he was the co-editor of the book, Life Cycle of a Family Business, published in London. Meytal Liberman, Advocate and Notary, TEP, advises private clients in Israel and internationally on trusts and estate planning. Her services include legal structuring for the long-term holding, ownership, and management of assets, addressing legal incapacity, division of marital property, wills, and trusts. She has practiced in this field since 2012, combining legal work, academic study, and active participation in professional organizations, publications, lectures, and continuing legal education.
Ms. Liberman was admitted to the Israel Bar in 2013 and licensed as a notary in 2024. She holds an LL.B. from Bar Ilan University (2012) and an LL.M. in Commercial Law from Tel Aviv University (2015). She is a full member of STEP, having earned a Diploma in International Trust Management following two years of study. Since 2018, she has been authorized by the Administrator General and the Israel Bar Association to draft and execute legal instruments for future incapacity planning, including the Enduring Power of Attorney, Expression of Wishes Document, and Preliminary Instructions for the Appointment of a Guardian. Her writing includes chapters in Asia-Pacific Trusts Law, Volume 2 (Bloomsbury, 2022), Trusts in Prime Jurisdictions (5th ed., Globe Law and Business, 2019), and Trust in Israel: Theory and Practice (2017, in Hebrew). Her work has also appeared in Trusts & Trustees, The International Family Office Journal, and STEP Journal. She lectures regularly at seminars and conferences, including events hosted by the Israel Bar Association and STEP.
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