The Legal Effect Of Testamentary Trust Research

Trust are popular in the field of commercial, with the continuous development of this system, people gradually to penetrate its advantages in the field of civil, testamentary trust is the product that trust "expansion" to civil field under the trend of development of trust. In continental law system countries, a testamentary trust is that the testator set up a testamentary refering to the benificiary who can achieve the benefit of trust after the death of testator. Testamentary trust this kind of property management is not initial trust, has formed a kind of trust system, but in the long historical development process in order to adapt to the change and development of people’s production life and separated from the traditional system of trust of a form of civil trust. Constituent elements of testamentary trust embodies a concentrated reflection of the testamentary trust the participation of the subject, object and content, build up the three aspects of bones and flesh of the testamentary trust system, coupled with the legal effect of testamentary trust as its soul, formed a complete system of testamentary trust. The trustee, the beneficiary or the purposes of the trust, these three aspects constitute the elements of a testamentary trust. As countries around the world from each other, between law between the two law systems are absorbing the advantages of each each other, perfect the legal system itself, but some basic principles of unchallenged or to distinguish, which constitutes the tradition and the advantages of each of the two law systems. Testamentary trust is not a testator, of course, be simple to draw up a will soon take effect in accordance with the establishment of testamentary trust and conditions.the content and other relevant factors, will affect the effectiveness of the testamentary trust or not. So how do you make the testamentary trust recognised by the law, protected by law, requires people to set up a testamentary trust in accordance with the legal provisions of testamentary trust established and effective conditions.