Subject Matter Of Establishment And Effect-taking Of Probate Trust

Testamentary trust(Probate Trust), also known as the death trust, refers to a mechanism under which the testator disposed its property through a trust created by means of wills.In developed countries such as the United States, testamentary trust occupies a large proportion of all trust affair. But in our country, testamentary trust is very rare, which of course mattered by culture difference, but I believe that to improve the relevant legal system or not is one of the important reasons. Means for testamentary trust is established existing "Trust Law" but it should comply with the provisions relating to wills, the provisions are too vague. Trust in China’s development faster and faster, increasing scale, but the relevant legal system itself has many problems, even in the logical aspects of the self-consistent lack of places. Especially in the establishment and effective-taking of the provisions of heritage aspects of trust, there is a large room for improvement.Testamentary trust is a classification of trust, but compare with the living trust, has its special features, especially in our current "Trust Law" environment, they are difficult to regulation by the same means. This paper aims to the various theories and research on the issue of testamentary trust is established, legislation genre, summarize and present ideas theoretically tenable, tries to meet the reality of the situation, and to improve the legal system related to their views and recommendations.This paper is divided into four parts. The first part focuses on the testamentary trust to start, discuss the importance of the establishment of the entry into force of the testamentary trust; the second part analyzes the current academic testamentary trust is established major kinds of viewpoints held by the problem, as well as foreign trust industry more relevant laws and regulations developed countries and regions, and made some of his own views; the third part of the current "Trust Law" stipulates the establishment of testamentary trust issues regarding analyze and discuss the inadequate; and the fourth part integrated the aforementioned, and to improve our legislation put forward their own views and opinions.