Best Trusts Lawyers in Kfar Saba

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Founded in 2004
5 people in their team
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Gabriel Herszlikowicz Law Office and Notary is one of the leading firms in the Sharon region of Israel - Raánana, Kfar-Saba and the surroundings, providing comprehensive notarial services - notarized translation, apostille certification, as well as full legal representation in the fields of...
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1. About Trusts Law in Kfar Saba, Israel

Trusts in Israel are a commonly used tool for estate planning, family wealth management and business succession. The Israeli framework for trusts blends civil law concepts and court decisions with tax and real estate rules. There is no single nationwide “Trusts Act” that codifies all trust rules, so practice often relies on general contract and property law augmented by tax guidance and court interpretations. In Kfar Saba, residents frequently use trusts to manage family assets, hold shares in local startups, or plan transfers to the next generation.

Key elements you will encounter include a settlor who creates the trust, a trustee who manages trust property, and beneficiaries who receive distributions or benefits under the trust. Trustees owe fiduciary duties such as loyalty, prudent management, and proper administration. The structure must be drafted carefully to reflect your goals, protect privacy, and comply with Israeli tax and transfer rules.

Practical note for Kfar Saba residents: local real estate or business assets can be placed in a trust to facilitate smoother succession or to manage ongoing operations without triggering probate. Always work with a lawyer who is versed in Israeli trust practice and familiar with the local process in the central district courts and registries.

Sources for understanding how trusts interact with Israeli tax and justice systems include the Israel Tax Authority and the Ministry of Justice. For official guidance, see the Israel Tax Authority and Ministry of Justice websites: Israel Tax Authority and Ministry of Justice.

2. Why You May Need a Lawyer

A local attorney can help you avoid common mistakes and align a trust with your family and financial goals. Here are concrete, real-world scenarios typical for residents of Kfar Saba that may require legal counsel.

  • Family wealth preservation and succession planning. A parent who owns shares in a family startup in the Sharon region uses a trust to pass control to children while preserving business continuity and minimizing estate-distribution disputes after death.
  • Special needs and disabled family members. Parents set up a special needs trust to fund care and daily living expenses without risking eligibility for government assistance.
  • Tax-efficient gifting and charitable giving. A local business owner wants to structure philanthropic gifts through a charitable trust to maximize tax efficiency while supporting a community initiative in Kfar Saba.
  • Ownership of real estate and asset protection. An owner wants to place rental property in a trust to simplify transfers to heirs and protect assets from potential creditors or dispute among heirs.
  • Cross-border assets and residency considerations. A dual-resident with assets in Israel and abroad uses a trust to coordinate tax reporting and avoid double taxation when distributing income to family members.
  • Business continuity for small firms. A founder uses a trust as part of a buy-sell agreement, enabling orderly transfer of ownership to a next-generation manager or shareholder group.

3. Local Laws Overview

Israel does not have one codified “Trusts Act” applicable in all cases; trust matters hinge on general contract and property law, with significant influence from tax rules and court practice. The following frameworks are commonly relevant for trusts in Israel, including in Kfar Saba.

  • Income Tax Ordinance (New Version), 1961 - governs the taxation of trusts, distributions to beneficiaries, and related reporting obligations. Tax treatment can differ for revocable versus irrevocable trusts and for distributions to residents and non-residents.
  • Stamp Tax Law, 1968 - imposes stamp taxes on certain instruments used to establish or transfer property into a trust, affecting the cost of setting up or restructuring a trust deed.
  • Succession Ordinance (Inheritance and Estate planning concepts), 1965 - informs how wills, legacies and trust elements interact with estate transfers and probate in Israel, and is frequently consulted in cross-border or multi-asset planning.

Recent trends to be aware of include increased regulatory focus on reporting and disclosure for trusts, and enhanced guidance from tax authorities on trust distributions and beneficiary reporting. Always verify current requirements with a qualified attorney and consult official sources for the latest instructions.

Official resources for these frameworks: see the Israel Tax Authority and Ministry of Justice. A local Israeli Bar Association directory can help you locate a specialist in trusts and estates, such as the Israel Bar Association at israelbar.org.il.

4. Frequently Asked Questions

What is a trust in Israel and how does it work?

A trust is a contractual arrangement where a settlor transfers assets to a trustee to manage for beneficiaries. The trustee must act in the beneficiaries' best interests and follow the terms of the trust deed. In Israel, trust arrangements rely on general contract and property principles plus tax rules.

How do I set up a trust in Kfar Saba?

Start with a qualified trusts attorney to draft a deed, appoint a trustee, and fund the trust with assets. The attorney will ensure local registration and tax compliance and guide you through execution and funding steps.

What is the difference between a will and a trust in Israel?

A will directs assets after death, while a trust can take effect during the settlor’s lifetime and may transfer ownership outside probate. Trusts can provide ongoing management and privacy for asset distribution.

How much does it cost to create a trust in Kfar Saba?

Costs vary by complexity, assets, and the law firm. Typical fees include initial consultation, drafting, and ongoing trust administration, plus potential taxes. Ask for a written estimate before engagement.

How long does it take to establish a trust?

For a straightforward trust, initial drafting and funding may take 2 to 6 weeks. Complicated structures or cross-border considerations can extend to several months.

Do I need Israeli residency to create a trust?

Residence can affect tax treatment and reporting. A resident or non-resident may establish a trust, but tax and regulatory implications differ and require professional guidance.

Can a trust hold real estate in Israel?

Yes, a trust can own real estate in Israel. The deed must be properly drafted and taxes and transfer requirements observed, with careful tenancy and mortgage considerations.

What is the difference between a revocable and irrevocable trust?

A revocable trust can be altered or dissolved by the settlor, while an irrevocable trust cannot be easily changed. Tax and probate implications differ between the two.

Do trusts have tax implications for beneficiaries?

Distributions to beneficiaries may be taxed under the Income Tax Ordinance. Tax planning is essential to optimize timing and amounts of distributions.

How should I choose a trusts attorney in Kfar Saba?

Look for experience in Israeli trust and estate planning, a strong record in Israeli courts, transparent fee structures, and capacity for bilingual communication if needed. Schedule an in-person consultation when possible.

What documents are needed to fund a trust?

You will typically need identification, ownership documents for assets to be placed into the trust, and the drafted trust deed. Additional documents may include title certificates and tax IDs.

Can a trust help with minor beneficiaries?

Yes, a trust can manage assets for minors with allocations directed by the trustee. A guardian or custodian arrangement may be integrated into the trust terms.

Is a local attorney necessary if I already have a trust set up abroad?

Local counsel is advisable for Israeli tax, registration, and probate issues. A local attorney can coordinate with foreign counsel to ensure consistency with Israeli law.

5. Additional Resources

Use these official resources to understand the broader framework of trusts, taxes, and probate in Israel.

  • Israel Tax Authority - administers tax rules including those affecting trusts, distributions, and reporting obligations. https://tax.gov.il
  • Ministry of Justice - oversees the court system, civil procedure, and decisions impacting trusts and estates. https://www.justice.gov.il
  • Israel Bar Association - professional body for attorneys; provides resources to find specialists in trusts and estates. https://www.israelbar.org.il

6. Next Steps

  1. Assess your goals and assets. Write down what you want the trust to achieve (eg, succession, privacy, tax efficiency) and list all assets to be placed in the trust. Timeline: 1-2 weeks.
  2. Identify a local trusts attorney in Kfar Saba. Contact two to three firms with demonstrated experience in Israeli trust practice and estate planning. Timeline: 1-2 weeks.
  3. Schedule initial consultations. Discuss goals, fee structures, and the proposed trust structure. Request a written engagement plan. Timeline: 1-3 weeks.
  4. Prepare necessary documents. Gather ID, asset titles, ownership documents, and any existing wills or agreements. Timeline: 1-2 weeks.
  5. Review the draft trust deed. Ensure terms, trustees, distributions, and contingency plans align with your goals. Timeline: 1-2 weeks after drafting.
  6. Finalize funding and registrations. Transfer assets into the trust and complete any required registrations or filings. Timeline: 2-6 weeks depending on asset types.
  7. Set up ongoing administration. Establish a process for distributions, tax reporting, and annual reviews with your attorney. Timeline: ongoing.
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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.