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In this article, our focus is on examining the organizational structure of the Ministry of Justice. We aim to help you grasp its various departments’ power dynamics and responsibilities. Additionally, as part of this article, we will focus on the Unit for Location and Restitution of Unclaimed Property and delve into its multiple departments.
The Ministry of Justice is the government ministry overseeing justice and public service in various legal domains. The firm assumes responsibility for a wide range of legal and professional matters and operates across multiple areas of expertise.
The Ministry of Justice has 55 different divisions. Three primary and relevant wings that concern the care of our office are:
In fact, within the Department of the Administrator General and Official Receiver, there exists a unit known as the Unit for Location and Restitution of Unclaimed Property. This unit primarily oversees the management of “abandoned property,” working diligently in the owners’ best interests. It also facilitates the restitution of assets to their rightful owners or, if necessary, transfers them to State Property (escheatment).
*Section 1 of the Administrator General Law defines “abandoned property” as assets whose owners are unknown or where no entitled person can utilize them.
Within this unit, there are various departments dedicated to the management of numerous unclaimed assets in the State of Israel; however, we will specifically concentrate on the four departments relevant to us:
The Department for Location of Abandoned Property and Property Owners operates nationally within the unit and the regional offices of the Administrator General. Its primary objectives are to receive and handle reports regarding the suspected abandoned property and actively engage in locating property owners within Israel and internationally.
The department diligently works towards identifying properties that have been handed over due to suspicions of abandonment. Furthermore, it conducts extensive efforts to trace and locate the owners of these properties, whether they reside within Israel or abroad. Reports of suspected abandoned properties originate from local authorities or regional councils, and the department actively pursues their investigation and location.
The Department of Holocaust Victims’ Assets is another significant department within the unit. Before the Second World War, numerous European Jews had acquired assets such as real estate, bank deposits, and stocks in the Land of Israel. Unfortunately, after the war, it was revealed that many of these asset owners had perished in the Holocaust, rendering their assets as “Abandoned Property.”
Moving forward, let’s delve into the third department, the Department for Property Owners’ Location and Unclaimed Assets Transfer to the State. This department operates in accordance with sections 15(c1)–15(d) of the Administrator General Law. As per these sections, funds managed by the Administrator General for a minimum of 15 years and real estate under their management for at least 25 years are eligible for transfer to state ownership. However, such transfers are subject to specific actions mandated by the law that must be fulfilled.
Before transferring the property to the state, the Administrator General must undertake efforts to locate the property’s rightful owners. These efforts include:
The Administrator General is required to provide a detailed account of these actions to the court. Suppose the court determines that despite the Administrator General’s diligent efforts, locating the rights holders was impossible. In that case, the court will approve the report and authorize the transfer of the property to state ownership.
Consequently, the Administrator General is released from further responsibility and management of the property. The court may impose additional provisions deemed necessary by the Administrator General concerning the property, including further actions to locate the rights holders, before approving the accountability report.
Suppose the rights holders are subsequently identified after transferring the property to state ownership. In that case, they maintain the entitlement to reclaim the property or its value indefinitely, following the provisions outlined in section 15(d) of the Law.
It is worth noting that properties in East Jerusalem, managed under section 5 of the Legal Arrangements and Administration Law (1970), may be transferred to state ownership if the court determines that there is no justification for continuing their management (section 15(c4)).
Lastly, we have the Assets Restitution Department. A crucial component of this department is the Property Rights Examination Committee, which requires claimants to substantiate their entitlement to the requested rights. To provide proof, it is necessary to establish a connection between the claimant and the registered owner of the property, either through direct ownership or a familial relationship. Moreover, if the right owner has deceased, the claimant must demonstrate their right to inherit as entitled.
It is essential to note that eligibility for restitution depends on Israeli law. Before 1965, inheritance regulations differed from the provisions introduced in the law after 1965. Consequently, understanding the timing of the owner’s passing becomes vital in determining if the claimant aligns with the stipulations outlined in the Administrator General Law.
What is stated in this article is based on information that is open for public inspection on the interfaces and websites of the State of Israel. This article is not a substitute for legal advice.
Our office has extensive familiarity with the different departments of the Unit for Location and Restitution of Unclaimed Property. We specialize in registering and identifying client rights and work closely with these departments until the rights are successfully registered.
All of the above does not constitute legal advice or a substitute for legal advice, and all information contained on the site serves as general information only. The aforesaid does not replace information provided by an attorney, and the reader should contact and consult with an attorney who specializes in the field before taking any legal action. Anyone who relies on the above in any way does so at his own risk, and the responsibility for any direct or indirect result due to reliance on the aforesaid will apply to the user only.
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