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PLK - Portnoy Lis Kalfa & Co. is an Ashdod-based law firm founded by attorneys Dan Portnoy, Roni Lis, and Nir Kalfa. The firm focuses its practice on four core areas - Family, Real Estate, Criminal Defense, and traffic-related criminal matters - to maintain depth and consistency across each...
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About Trusts Law in Ashdod, Israel

Trusts law in Ashdod, Israel, is governed by the Israeli Trust Law, 5739-1979, and relevant judicial decisions. A trust is a legal arrangement where one person (the settlor) transfers assets to another person (the trustee) to hold and manage for the benefit of named beneficiaries. Trusts are used for estate planning, asset protection, business structuring, and charitable purposes. While trusts are not a native concept within traditional Israeli law, the system has adopted and regulated them to fit the legal framework used throughout Israel, including Ashdod.

Why You May Need a Lawyer

Establishing or managing a trust can be complex. Here are common situations where legal assistance is essential:

  • Drafting a new trust to ensure it meets your intentions and complies with Israeli law.
  • Interpreting trust documents, especially if you are a trustee or a beneficiary unsure of your rights or responsibilities.
  • Resolving disputes between trustees and beneficiaries or among beneficiaries themselves.
  • Changing or terminating an existing trust due to altered circumstances or family dynamics.
  • Addressing tax implications associated with trusts, especially those with cross-border or multi-jurisdictional elements.
  • Protecting family assets from creditors, divorce, or other legal challenges.
  • Managing charitable trusts or family foundations.
  • Ensuring compliance with reporting obligations to governmental authorities.

Local Laws Overview

Several key aspects of local law apply to trusts in Ashdod and throughout Israel:

  • The Israeli Trust Law, 5739-1979, is the core statute regulating the formation, administration, and termination of trusts.
  • Trusts must be established for a lawful purpose and in writing in most instances, particularly when real estate is involved.
  • Trustees must act in the best interests of the beneficiaries and manage trust property responsibly, following strict fiduciary duties.
  • Registration may be required for certain types of trusts, particularly when real estate is involved.
  • Israel has distinctive tax rules for trusts, distinguishing between Israeli resident trusts, foreign resident trusts, and testamentary trusts.
  • Courts in Ashdod have jurisdiction to resolve local trust disputes, especially those dealing with property located in the region.
  • Religious law may come into play in some personal status or inheritance matters related to trusts.

Frequently Asked Questions

What is a trust under Israeli law?

A trust is a legal arrangement where assets are managed by a trustee for the benefit of named beneficiaries, under specific terms set by the person who created the trust (the settlor).

Can anyone create a trust in Ashdod?

Yes, any individual with legal capacity can establish a trust, provided it is for a lawful purpose and fulfils statutory requirements such as being in writing in most cases.

What are the duties of a trustee in Israel?

A trustee must act loyally, prudently, and in good faith to manage and protect the trust assets for the beneficiaries, according to the terms of the trust deed and the law.

Are trusts recognized for asset protection in Israel?

Yes, trusts can be effective for asset protection, but their success depends on proper structuring and compliance with legal standards; close attention is needed to prevent challenges from creditors or tax authorities.

Do trusts pay taxes in Israel?

Trusts are taxed according to their classification (Israeli resident, foreign resident, or testamentary). The law provides specific taxation rules, and both trustees and beneficiaries may have reporting and tax obligations.

How is a trust different from a will?

A will only takes effect upon death, distributing the estate accordingly. A trust can operate during the settlor's lifetime or after death and offers ongoing asset management.

What happens if trustees or beneficiaries disagree?

Disputes can arise over trust management or distribution. These may be resolved through negotiation, mediation, or, if necessary, proceedings in courts with jurisdiction in Ashdod.

Is it necessary to register a trust in Ashdod?

Registration is generally not required except for certain types of trusts, such as those involving real estate or public foundations, but registration can offer transparency and legal clarity.

Can a trust be changed or revoked?

A trust can be changed or revoked if the trust deed allows, or under certain circumstances by court order. Legal advice is recommended to navigate these situations.

How do I choose a trustee?

Choose someone reliable, with integrity, and capable of managing assets. It can be a trusted family member, a professional advisor, or a corporate trustee such as a law or trust company.

Additional Resources

If you need more information or assistance regarding trusts in Ashdod, consider consulting the following resources:

  • Israeli Ministry of Justice - Responsible for trust regulation and legal oversight in Israel.
  • Israel Tax Authority - Provides guidance and forms related to the taxation of trusts.
  • Israel Bar Association - Can help locate qualified legal professionals specializing in trusts and estate law in Ashdod.
  • Ashdod Municipality Legal Consultations - May offer local support or referrals for residents.
  • Nonprofit organizations focused on legal aid, such as Yedid or the Israel Legal Aid Bureau, may provide guidance for eligible individuals.

Next Steps

If you are considering creating, managing, or disputing a trust in Ashdod, or simply need advice regarding trust law, follow these steps:

  • Gather all relevant documents and details about your situation, such as property records, trust deeds, wills, and correspondence.
  • Identify your objectives, such as protecting family assets, planning succession, or resolving a specific dispute.
  • Seek consultations with one or more lawyers experienced in Israeli trusts law to understand your options and obligations.
  • Clarify costs, possible outcomes, and timelines before deciding on a course of action.
  • Stay informed about changes in regulations or tax laws that may affect your trust.

Working with a knowledgeable local lawyer ensures that your interests are protected, your trust is legally compliant, and that your desired outcomes can be achieved efficiently under Israeli law.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.