The Research On Legal Issues Related To The Family Trust Beneficiary

Family trust beneficiary refers to the behavior and enjoy the family trust benefits according to the family trust. Family trust beneficiary is not to establish a trust person, only has the abstract benefit status, is in the trust relationship “pure” enjoy the benefit of the people, with passivity. Characteristics and its rights and interests of the beneficiary is a kind of new compound rights is different from the creditor’s rights and property rights. The rights and interests of the beneficiary including right to know, the decision, and cancellation right. In line with each other, right to the beneficiary on the trustee’s transaction management, property behavior such as’ spoilers, better need to determine whether the future and the trustee, the trustee to enforce the family trust. If you know the family trust in the process of disciplinary affairs, found that the behavior of the trustee is contrary to the purposes of the trust of the family, just in time to undo, makes the family trust property restorable, this is not only the right of the beneficiary, also after the beneficiary’s rights are violated a relief way. On the relief way besides cancellation right, the beneficiary can also rely on the principal’s right to keep and through a family trust set protector or supervisors for prevention. At the same time, when the cancellation couldn’t make up for the loss of the beneficiary, you can also request the trustee restorable and damage compensation for relief. In addition, because the beneficiary rights belong to a kind of property rights and interests, naturally, through the process of acquisition, transfer, give up or stop. The principal in consultation with the trustee, you can set some obligation for beneficiary, such as pay, compensation costs, shall not interfere trustee perform trust, confidentiality obligations, the obligation of notification, respect for the client to other beneficiaries, and so on. The beneficiary in the responsibility, with the commonly accepted family trust property is limited and its benefits, that is a reflection of the beneficiary liability limitation.