Research On Testamentary Trust System

In our country, as the growth of the national economy, private wealth accumulation, how to make your wealth can properly to offspring is the problems a lot of the first generation entrepreneurs are extremely concerned about.Testamentary trust system can effectively solve the problem of the distribution of the heritage, reduce inheritance disputes, reasonable planning and use of heritage, to evade the risk of property management, as well as the function of tax.Testamentary trust system is an extremely common law characteristic property management system, the use of the testamentary trust system of state in Britain and America for many well-known case, such as the Rockefeller family trusts, prince, princess Diana as two testamentary trust, for the case of the public attention in China there are cydia for her daughter wills made by the trust and so on.Testamentary trust system develops slowly in our country, the testamentary trust system also needs to further improve in the legislation and practice.Although only in terms of conditions in our country's legal practice, testamentary trust system is less in the social life and judicial practice in actual use.The testamentary trust involves not only the trust legal system, but also across the trust law and succession law in the field of a kind of system.In addition to the basic definition and basic content, such as to set up the effective management of the trust property, taxes, and supervision and so on are in the process of building the testamentary trust system is unable to avoid.The author through the comparative study of testamentary trust, on the basis of the experience of other countries for reference, tries to put forward for the improvement of the system of testamentary trust some advice.The main content of this article is divided into five parts:The first part introduce the basic concept of testamentary trust system and source, and the development of our country and improve the system of testamentary trust the necessity and feasibility are analyzed.This part through the introduction of the basic concepts of testamentary trust system, the development course and the main function, and from the perspective of social reality and private demand in our country, the interpretation of the testamentary trust widely used system in our country, the necessity and feasibility of development, in order to have a basic understanding of testamentary trust system.The second part is to the outside of the testamentary trust system are introduced and compared.This paper will with Britain, the United States and Japan are three countries as well as the relevant situation of our country Taiwan area as an example, brief introduction of the testamentary trust system current situation of the development in these countries and regions, analyzes the three countries and our country Taiwan area of testamentary trust law and application of the last to the countries and our country Taiwan testamentary trust system main characteristic has carried on the comparative analysis.The third part introduces the testamentary trust related legal relations.First is the legal relationship of testamentary trust fundamental elements, including the main body of the testamentary trust relationship and the rights and duties in the relationship between each other.Followed by the concept, characteristics and scope of the trust property is introduced.Finally introduced the testamentary trust establishment, change, termination, mainly including the conditions of the establishment, change and termination of the testamentary trust.The fourth part mainly introduces the testamentary trust development of our country current situation and existing problems, to solve these problems, other country's legislation and practice experience, put forward some proposals to perfect our country testamentary trust, such as clearly established and effective elements, improve the system of trust property registration, limit testamentary trust, survival time, improve the supervision of the testamentary trust, etc.The fifth part is summary of this article.