Study On Testamentary Trusts Of China

Since the reform and opening up and increasing in personal wealth, inheritance dispute has become increasingly prominent. The decedent should be how to prevent risks, ensure the wealth of stable and secure. The testamentary trust will be a very wise choice. The trust law which originated in the common law countries, because of its unique heritage and efficient management of wealth favored by people, testamentary trust has long been widely recognized by in Britain and other Western developed countries.Although "Trust Law" was promulgated in our country in2001, and formal introduced testamentary trust, but testamentary trust was only mentioned in13and did not have its system, and in reality it almost a blank. Therefore studied on testamentary trust is very much in line with the needs of the theory and reality.This article is divided into four parts:The first part is the testamentary trust overview. This part mainly introduces where the issue of testamentary trust comes from, the origin of the trust system, the development and the function of the testamentary trust system.The second part is the existing testamentary trust system. Testamentary trust system including:relationship, trust property, establishment, change and terminate of testamentary trust. First introduce the establishment of testamentary trust, including entered into force elements, the qualifications of each relationship. Testamentary trust relationship includes the trustor, trustee and beneficiary. This article focuses on the relationship between rights and obligations, aimed at identifying the various elements related to the subject of the testamentary trust. About trust property mainly analysis’s of its scope, characteristics and the publication mode. Finally, studies on the changes and termination of the testamentary trust, including change, change conditions and termination conditions, etc.In the third part analyzes the problem about the testamentary trust in China, including the insufficient of the trust itself, the impediments of people’s concept and related tax system defects.The last part is improving testamentary trust legal system in China. The recommendations to improve our testamentary trust system include the form of establishment and establishment of testamentary trust, trust property registration, the trust property ownership, learning foreign experience to popularize the concept of trust and constantly improving the related tax system, etc.