Anglo-American System Of Testamentary Trust And Corresponding References To China

Along with"Real Right Law of the People s Republic of China" enacted and individual wealth's increase, the citizen begin to attach importance to how to pass own property. The testamentary trust is a very suitable choice without doubt. The testamentary trust takes on the family wealth inheritance function; it is widely applied in the UK-US country. In our country system of testamentary trust, each aspect is not that perfect. "Trust Law" was promulgated in our country in 2001, but it is scarce at the related testamentary trust aspect's legal rule system, so its feasibility is bad and its function realized is difficulty in out country. So we must establishment the testamentary trust system in our country's standard as possibly as quickly. Referencing Anglo-American system of testamentary trust is a very effective way to us.This article will study Anglo-American System of Testamentary Trust by historical research, empirical research, comparative research, data analysis and statistical methods. It include in Anglo-American system of testamentary, how to balance the relationship among clients ,beneficiaries and assignees on the establishment and effect ,alteration and termination , management and supervision, and so to analyze the advantages and characteristics of the existing legislation, and use it as reference design for China's legal system testamentary trust. This article, except the introduction and the abstract, is divided into three parts. In the first part, mainly introduce testamentary trusts of the origin and development things at present in Britain and America; analyze Anglo-American system of testamentary of the relevant legal issues Anglo-American system of testamentary trust of functional advantages. In the second part, including the practice is facing difficulties in our country and the laws of our country testamentary trust the have problems and deficiencies. In the third part, on the basis of learning English and American legal systems, discuss how to construct testamentary trust system in our county, including the trust property system, testamentary trust set up and entered into force, modification and termination, management and supervision.