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Public Endowments (Hekdesh) and Charitable Trusts - Chapter 10 - 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 10.1. PUBLIC ENDOWMENT In Chapter 3 of the Trust Law, the legislator established a special regime for an endowment that meets the definition of a “public endowment.” A public endowment is defined under Section 26 of the Trust Law as “a trust, the objective or one of the objectives of which is the furtherance of a public purpose.” From the wording of the law, any trustee arrangement, one of whose objectives is the furtherance of a public purpose, would be a public endowment, but it would not be necessary for the endowment to meet the conditions of Section 17 of the Trust Law. Hence, a trust pursuant to contract, one of whose objectives is the furtherance of a public purpose, would be a public endowment. In the matter of the Franz Kafka manuscripts, which were included in the estate of Max Brod, the court held that by instructing in his will that the manuscripts are to be held in a public archive, Brod created a public endowment under the Charitable Endowments Ordinance (which was applicable at the time), which allows for the creation of a public endowment in a will, given Max Brod's intention to create a public endowment and by him defining the assets designated to charitable purposes, as sufficiently shown in the evidence and by the facts, including the existence of an appropriate relationship between the parties. 10.1.1. Registrar of Endowments Under the provisions of the Trust Law, the Minister of Justice is authorized to appoint a Registrar of Endowments, who is to be informed by the trustee of a public endowment of its creation within three months of being appointed as trustee, including of the endowment's purposes, assets, details of the endowment’s creator, details of the trustee, and so on, as set forth in Section 26(b) of the Trust Law.
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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