Yaacov Garson Law Firm

Attorney Yaacov Garson immigrated from Israel to France at the age of 18. He is a graduate of the Faculty of Law at the Ono Academic College and a Master’s student at the Hebrew University of Jerusalem. He was called before the Israel Bar Association in 2013. Immediately after becoming a member of the Bar, he established his own law firm and is now lecturing before the Bar on topics such as “The representation of non-residents in litigation proceedings in Israel” and the “Taxation of non-residents in Israel, particularly real estate taxation”.
The Firm focuses and specializes in international litigation. The Firm will soon add a family law/divorce department, emphasizing complex international divorce cases.

International Litigation
International litigation has special characteristics such as cross-border conflicts and has numerous legal consequences. The rules of private international law apply to any international dispute in Israel, as well as the international conventions signed by Israel and other countries regarding various civil matters: civil procedure, collection of judgment debt in a foreign country, collection of court costs in a foreign country, international inheritance rules, international alimony collection, international custody rules (such as the well-known Hague Convention on child abduction), etc. An attorney handling an international dispute must understand which law will apply to the dispute, and to each party involved. Indeed, Attorney Yaacov Garson mobilizes for the benefit of his clients not only his verbal ability to argue before a court but also his expertise and experience in the rules of private international law of Israel and of many other countries, which are directly accessible to him thanks to his fluent knowledge of the relevant languages – French (his mother tongue) and English (learned during a multiple-year staying in New York City at a young age). These skills help him achieve impressive legal results.
Attorney Yaacov Garson is the perfect legal counsel for foreign residents who require an attorney in the litigation field speaking their language. Those are many times referred to him by other attorneys from Israel, France, and the United States who do not specialize in litigation or international litigation.

Selected Cases
International inheritance: A resident of France, whose parents bequeathed assets in Israel for a total worth of 15 million NIS, asked the court, through Attorney Yaacov Garson, to declare void a Will Execution Order after part of the assets had already been divided between his brothers. The plaintiff filed a request for foreclosure and asset freezing, demanding that the distribution of the estate assets be interrupted, because of the late discovery of a will prepared by his parents many years beforehand – for his benefit only. According to the plaintiff, in this newly discovered will, the parents bequeathed to him, the eldest son, all their assets in Israel. The need to turn the wheel back and reopen the division of the inheritance assets after some assets had already been divided constitutes a major legal challenge .
Inheritance of assets in France and Israel: A resident of Israel, who owns assets located globally, left a will according to which she bequeaths all her assets (allegedly) to her nursing caregiver (a resident of Israel). In so doing, she deprived her only daughter of all her estate. During the first hearing, the Judge pressured Attorney Garson, who represents the daughter, to give up the case since “there is a clear will.” However, at the evidentiary hearing, Attorney Garson questioned the attorney who drew up the will and asked: “did the deceased intend to bequeath to the caregiver all her assets, wherever located in the world?”
From that lawyer’s response, it was clear that the deceased’s intention was to leave the caregiver only her assets in Israel. Thus, the daughter may receive the assets in France, and understand that her late mother did not dispossess her, but only rewarded a dedicated worker.
Appointment of a Will Executor for a foreign resident’s estate: An inheritor who lived in Switzerland all his life and owned many properties in many countries, including in Israel, petitioned the court against the decision of an Executor named in Switzerland to appoint another Executor in Israel, so that he could locate additional assets of the estate in Israel – allegedly. The heir, through Attorney Garson, objected to this appointment and claimed that there was no need to appoint another Executor in Israel as she was aware of all the assets in Israel. The Attorney for the Swiss Estate Administrator argued that Swiss law applied to these assets because of the deceased’s last residence. Attorney Garson argued that according to private international law rules applicable to Israel, Swiss law only applies to the distribution of the estate but does not apply to the appointment of an Estate Administrator – which I to bee governed under Israeli law only. The distinction in these legal subtleties of private international law made possible the objection to the requested appointment, which does not serve the interest of the heiress.
Transfer of a court hearing to a court in France: a couple from France bequeathed several apartments in Jaffa to one of their nine children. Attorney Garson, who represents the other heirs opposed the execution of the will, and at the preliminary stage of the hearing requested to transfer the whole case to a French court because most of the inheritance assets are in France and that the dispute between the heirs is already pending there before a judicial tribunal. Attorney Garson relied on clauses in Israeli Inheritance Law and on private international law rules and principle according to which, in this case, the hearing must be transferred to France due to a lack of international jurisdiction of the Israeli court.
Labor relations and diplomatic immunity: Attorney Garson is the permanent legal counsel of the French Consulate in Jerusalem. The consulate was recently sued by a terminated employee who demanded his return to work and financial compensation. The regional and national labor courts accepted Attorney Garson’s claim that the Consulate had diplomatic immunity over the reinsertion claim, and determined in a unprecedented decision that the Consulate does not have to reinstate the employee to his employment – by virtue of its diplomatic immunity only.
International Divorce Litigation: Attorney Garson also represents in cases of international divorce litigation conducted according to foreign law – in accordance with the rules of private international law that apply. The importance of knowing the foreign law in such a case is critical as it will decide the balance between convincing the judge to one side or the other, when the judge is not supposed to know the foreign law in detail but relies on the parties – more accurately, their lawyers – who have the task to convince him.