The Construction Of Testamentary Trust System In China

Will trust refers to trust created by means of will. The establishment of China’s trust law trust can be a way. However, since the promulgation and implementation of the trust law in 2001, will trust has not received considerable attention, resulting in a variety of problems arising from practice, are unable to obtain a satisfactory solution, so that there is a need to comprehensively study the will trust. Will trust in Britain and the United States has hundreds of years of history, there are many excellent system is worth learning. Theory of trust law in all requirements, can be applied to the testamentary trust, but a deeper probe will find this still exist many problems. For these problems it is necessary based on the theories to be discussed, practice or theory for reference, also enables the user can be followed. At the same time, the purpose of this paper is to provide the basis of practice and practice, to construct the theory system of the trust of the will, and to arouse the attention of the society to the system.This thesis is divided into five chapters, which are the basic concepts of the trust of the will, the history and development of the will trust, the establishment of the trust of the will, the execution of the will trust, and the conclusion. The first chapter introduces the basic concept of the will trust. First of all, this paper introduces the significance, function and classification of trust, and then discusses the meaning, nature and function of the trust. Finally, the boundary of the concept of the will trust is compared with that of the will trust and other legal relations. The second chapter explains the origin and development of testamentary trust. The third chapter discuss establishment of testamentary trust of various elements, contains testamentary trusts, wills of the parties of the trust, relationship, trust property, trust purpose, during the duration of the trust, borrow by analysis established and effective elements, not only in-depth understanding of testamentary trust, also as a basis for subsequent discussions. The fourth chapter is to discuss the relevant rights and responsibilities of the trustee after the establishment of the will trust. The fifth chapter is the conclusion of this paper. Summary of trust law of testamentary trust specifications are slightly simple, many of the provisions and unknow and consider the client from the effective date of the trust has died, causing actual use will cause many problems, how to successfully solve, it is necessary to explore in depth. Finally, this paper summarizes proposed revision of the law of suggestion and look forward to future judicial practice or reference in the process of amending the law, and make the testamentary trust system in the operation of our country to attain to perfection.