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Trusts Created, Administered and Regulated by Law - Chapter 4 - 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 Section 2 of the Trust Law stipulates that “a trust is created by law, by contract with a trustee or by endowment (Hekdesh).” A trust created by law is a trust relationship as defined in Section 1 of the Trust Law, and for which the regulation thereof is found in legislation. Section 42 of the Trust Law prescribes that “the provisions of this law shall apply when there is no other special provision by law in the said matter.”
It therefore follows that the Trust Law can serve as a complementary legal framework, applicable to trust – or more precisely, fiduciary – relationships governed by other laws, in situations where those primary laws are incomplete or insufficient.
In the Holtzberg case, the respondent was appointed as guardian for her relative (the "Deceased"). Subsequently, the Deceased designated the respondent as the sole beneficiary of her provident fund. Thereafter, substantial sums were transferred from the Deceased’s bank account into the provident fund. Following the Deceased’s death, the heirs named in her will initiated legal proceedings to recover the funds held in the provident fund. The matter ultimately reached the Supreme Court, which held:
Section 48 of the Legal Capacity and Guardianship Law , which addresses actions involving a conflict of interest, does not provide a solution for the entire range of cases in which a conflict of interest may arise between a guardian and the ward whose affairs he is responsible for. Therefore, the situations listed in Section 48 should not be regarded as an exhaustive and comprehensive list in this context. In contrast, Section 13 of the Trust Law, 1979 establishes a broad and comprehensive standard regarding the principle of conflict of interest. Although the classification of the relationship between a guardian and a ward as a fiduciary relationship within the meaning of the Trust Law is not without doubt, the present case does not require a decision on this issue.
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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