Legal Edition • 2 • Winter 2020 A-Hole-In-One: Holistic Approach
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WINTER 2020 • LEGAL • EDITION • TABLE OF CONTENTS • 3 Guy Sagiv: A-Hole-in-One: holistic approach to 19 Shira Shine: Asset protection and estate planning Estate Planning | Alan Rosenbaum | Neria Barr 20 ‘New law’: The gift of choice 4 Ruth Dayan: A woman with a plan of action | Adv. Jackie Donner | Neria Barr 21 Combating ransomware 5 Killer acquisitions and exit strategies | Adv. Vered Zlaikha | Adv. Talia Solomon and Adv. Iris Achmon 22 Eymi Bechor-Bouni: ‘My profession is 6 Challenges as a returning resident or in my mission’ making aliya | Neria Barr | Tsvi Kan Tor 23 Implications of EU regulations for family law 7 Mergers and acquisitions in the age of COVID-19 in Israel | Lidar Gravé-Lazi | Adv. Liane Kehat 8 Licht Petran & Co: Professional service around 24 Creating a trust for future generations the clock with special expertise in international | Tali Yaron-Eldar and Amit Gottlieb disputes 25 Bekerman Efrati - Feuerstein Tayar,: On the front | Neria Barr lines of family law 9 Sharon and Robert Licht Petran: Advocating far | Alan Rosenbaum and wide 26 Portuguese citizenship for descendants of | By Neria Barr Sephardic Jews all over the world 10 The future of the legal market is already here | Michael Decker | Maya Ashkenazi 27 Iris Yardeni: Planning for your future 11 Insurance claims with proven successes | Lidar Gravé-Lazi | Yanir Harel & Co. 28 Amit Ben Yehoshua: The Chinese connection 12 Rolling out the welcome mat for foreign investors | Jason Blackshaw | Lidar Gravé-Lazi 29 Haim and Yair Givati: How an 8th generation Israeli 13 Ran Raichman: Serving the interests of his clients family law firm found a niche in the Anglo Saxon | Alan Rosenbaum purchasing market 14 Yifat Ben Avi-Brown: Assisting clients in Ashdod | Alan Rosenbaum and throughout 30 Rubin Law: The veteran boutique law firm | Alan Rosenbaum | Jason Blackshaw 15 Moran Samun: Managing the crisis 31 Michal Mozes: Striving to play fair | Lidar Gravé-Lazi | Lidar Gravé-Lazi 16 Adi Chen: Preparing for life’s difficult moments 32 Michael Sacofsky: Legal service with a smile | Alan Rosenbaum | David Palmer 17 Isaac Molho: Multifaceted experience 33 Rachlin- Olman: Real estate: Healthy amid an and expertise ailing economy | Alan Rosenbaum | Henry Watson 18 Global representation and reputation 34 The revolution is here to stay | Michael Shine & Partners | Adv. Yonatan Adomi LEGAL EDITION • 2 • WINTER 2020 A-HOLE-IN-ONE: HOLISTIC APPROACH Adv. GUY SAGIV TO ESTATE Partner, Co-Head of the Family Wealth Management Group at the Yigal Arnon PLANNING | By NERIA BARR & Co. Law Firm uy Sagiv co-heads the Family Wealth in what is already a sensitive and stressful Why is it not sufficient to draft a will? Management Group at the Yigal Arnon situation. Matters become even more “Drafting a will without a complete & Co. law firm and has been advising complex when clients have property planning envelope is no longer an G high net families and individuals on their abroad, multi-national citizenship, foreign effective instrument for intergenerational estate planning for more than a decade. clients who own property in Israel, family transfer for several reasons,” says Sagiv. Guy believes that the coronavirus is a members and descendants living abroad, “Due to the steady increase in life wake-up call for every person who has new immigrants or returning residents expectancy, offspring may receive their been procrastinating with dealing with etc. inheritance at an older age and they may their estate planning. This is the reason why our Family not have the qualifications to do anything Wealth Management group is regarded as significant with their inheritance.. Don’t you find it awkward to conduct a “specialty task force” comprised of our Complex wills are characterized by meetings over Zoom or Skype on such top legal experts from the firm’s various complicated and often vague wording. sensitive and complex matters? departments– Family, estate and trusts, As a result, such wills invite objections “Admittedly, I did think this will be an tax, real estate, corporate, High-Tech, IP and disputes among the heirs and often issue, but then I realized that the lack etc. In addition, we have created a network the validity of the will itself. “Moreover, of boundaries actually creates a more of top experts from main jurisdictions in inheritance disputes are characterized friendly and informal environment for the world in order to provide our clients a by inherent difficulty, such as the testator clients, making such meetings much “one-stop-shop” for all their legal needs dies and cannot be asked what his/ more effective by creating intimacy which with regards to their estate planning, her wishes are. In such situations, the is very hard to achieve at our offices the whereby all the information is integrated court is forced to learn about the intent 47th floor in Azrieli Towers in Tel Aviv.” into a holistic unified planning. of the testator from external evidence, especially testimonies of the testator’s I understand the you have recently And how does it work? family members. In fact, the court adopted a new holistic approach. Why? “Together with the client, we plan “rewrites” the will based on the version “I believe that our decision to adopt the how the Estate will be managed and of an interested party who did a better holistic and cumulative approach used in divided starting as of the present and job in court, which does not necessarily England and the US in the area of family in anticipation for three additional life reflect the intentions of the testator.” wealth management and private clients stages: “We encounter more and more cases has proven itself during the years and (1) Present: When the client is active where people die at an advanced age, more so during the recent pandemic. and competent and can make decisions after a relatively long time of being regarding his property on an ongoing medically un-fit to make decisions. So what is exactly a “holistic and basis Therefore, the decision to divide the cumulative approach” to wealth (2) Retirement: When the client wants property may ignore the possibility that management? to step back from active management of the property will be held by a proxy for In Israel a client seeking legal advice his business and property and enjoy the many years, often yielding inaction. For further associated with wealth management is fruits of his labor Fortunately, three years ago there often required to deal with lawyers from (3) Incompetence: If the client becomes was a massive reform of the legal information about different specialty groups and, at times, incompetent, mechanisms must be qualification laws. Today, the continuous Yigal Arnon & Co. different firms, and integrate the advice established regarding the manner of power of attorney allows clients to Law Firm: independently. The lawyer who made managing the property plan this stage of their lives. They may a will for a client, for instance, is often (4) After death: After the death of the determine the identity of their proxy, the Tel: +972 2 623-9239 not aware that there is a foreign trust of client and the division of property. areas and limits of the proxy’s authority, which the client is a beneficiary, and the “We build a business/family plan for the and the date or circumstances under Fax: +972 2 623-9233 client’s tax advisor may not know what is client taking into account the above step, which the continuous power of attorney written in the will, because in Israel there based on the concept that clients must will take effect. And most importantly, [email protected] is no inheritance tax. This may create know the plan for the next step and what drafting a continuous power of attorney www.arnon.co.il legal oversights and potential point of they have done in the previous step, so reduces the involvement of the state exposure such as tax liabilities in Israel or they will know how to act in that specific (through the Custodian General) and photo credit: YORAM RESHEF abroad, which lead to increased struggles point in time, explains Sagiv. the courts. • LEGAL EDITION • 3 • WINTER 2020 A WOMAN WITH A PLAN Adv. RUTH DAYAN WOLFNER Founder of the law firm Ruth Dayan Specializes in Famliy law OF ACTION | By NERIA BARR uth Dayan, an expert in family law, has understanding of the complex aspects order to obtain what is most important. been practicing her trade for 23 years. of family law, and her personal and Judicial attention is limited; therefore, Her company, Ruth Dayan Law Firm, has intelligent treatment of her clients. it is impossible to deal with all issues R been ranked as top in the field for 14 The positive results are reflected in her at the same level of importance. If you years by Dun & Bradstreet and BDI. The achieving her clients’ goals. Dayan says decide what to engage in, you control firm, which Dayan established in 1998, that the ability to identify the strengths and direct judicial attention. Sometimes is constantly growing and developing and weaknesses of each case and there is no choice but to sacrifice thanks to her high-level staff and the knowing from the first session how it something, to ignore an argument in methodology that she developed. will develop, along with the ability to order to succeed in battle. The Ruth Dayan Law Firm, distinguish between the important The next thing is to decide before the largest family law firm in and less important, help her chart her which court we want to appear -- a Israel, employs 11 lawyers, course. rabbinical court or a family court.