Legal Issues State Testamentary Trust

Testamentary trust system as a trust system and an important part of his emergence from the beginning, it has always been a transfer of property and property management functions. The latter has become a commonly used measure to a tax avoidance in some countries. Testamentary trust system as a fully respect the will of the decedent personal freedom, can effectively avoid the decedent died after their inheritance dispute, and the serious consequences of future generations caused by excessive extravagance. He was put in the form of a transfer of property to the trust by the principal trustee, the trustee on trust document, management of trust assets, management of value-added distribution revenue. Gradually from the state common law, civil law is learn from some countries to become an effective complement to their national public inheritance system is the heart of initiatives to maintain social stability.In today’s rapid economic development, the rapid accumulation of personal wealth on the traditional system of inheritance launched a challenge. So increasing due to personal assets on inheritance disputes also showing rapid growth trend. Under the increasingly grim legacy of disputes handled in the traditional heritage of the drawbacks of revealing more and more, how effective management and planning seemed imminent. Our country is an inclusive, so another form of testamentary trust of foreign heritage management in just about makes up for the vacancy. After a period of development, the legislative situation not too optimistic. For medical advice the trust system " Trust Law" only gives principled notes, and between multiple aspects of the existing legal provisions and the existence of a conflict, such as " Inheritance Law " on the entry into force of wills and inheritance" reserved share." the special provisions. This system leads to a natural soil to survive in our country scarce. In order to improve our system of testamentary trust, the paper mainly discusses the following aspects, first explores the origins of testamentary trust the system, and the system is running testamentary trust Anglo-American countries in a brief introduction. Secondly, China’s current system of research testamentary trust were summarized, and further found that the current system is imperfect place. Combine their studies and related investigations give their observations.