Who are a minor's natural guardian according to Israeli law?
A minor's biological or adoptive parents.
Do a child's parents have to get court permission to function as their minor's guardian ?
No ! Parents do not need court permission to act as a minor's natural guardian as their authority to do so derives from the Legal Capacity & Guardianship Law of 1962.
If one parent dies, does the surviving one need court permission to carry on acting on behalf of his/her minor child?
No! When one parent dies the surviving one continues to function as the child's natural guardian, and there is no need for any court appointment.
Can a testator who wants to leave property to a child in his/her will, but who does not trust the parents, appoint someone to manage the minor's inheritance instead?
Yes! There is nothing to prevent a testator from appointing someone in the will to act as a trustee, who will manage the minor's inheritance for him/her, instead of the parents.
Can an Israeli court appoint a guardian to protect the property rights of a foetus in the estate ?
Yes, the court can appoint a guardian to act as guardian of the foetus's property rights in the estate during his/her mother's pregnancy.
What duties does a person appointed as guardian over a minor's inheritance rights have towards the child ?
He/she is responsible for the protection, management and 'development' of the property rights the minor inherits.
Can a person appointed as guardian over a child's inheritance also represent him in legal proceedings concerning the minor's property rights from the estate ?
Yes ! The appointment also covers acting on behalf of the minor in legal proceedings.
What is the difference between a guardian appointed to manage a minor's property and one appointed by court in relation to his person (body) ?
A guardian appointed to protect and manage a minor's property acts as a trustee according to the Trustee Law of 1979, whereas a guardian appointed re a minor's person or body, does not fall within the definition of a trustee. His powers are limited to the safety, health and education of the minor, and he acts according to the Legal Capacity & Guardianship Law of 1962.
Is a guardian of a protected person who acted in this capacity for many years, and who is also one of his heirs, entitled to payment for his services over and above his share in the estate?
Yes! In principle the court is entitled to set a fee for the guardian's services, if it considers reason to do so, to be paid out of the protected person's property. The guardian is also entitled to recover reasonable expenses laid out in the execution of his duty . He becomes a creditor of the estate and is entitled to receive payment for his services.
Can a guardian be appointed for an inheritance matter?
Yes! The court can appoint a guardian for an heir or someone entitled to maintenance from the estate whom it court regards as not being able to safeguard his/her interests by him/herself.
Who is entitled to make the application for the appointment of a guardian concerning inheritance?
Any interested person. The court can also appoint a guardian on its own initiative.
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