From The Testament Of The Testament To The Testament Trust

Notarial will as a form of wills,due to the special provisions of the succession law of its effectiveness in our country,make its have the particularity of different from other wills,notarial will force of law priority.It is because of the particularity of notarial will force of law,in daily life been adopted by more and more people.Although notarial will because of its particularity has been widely used,but in practice,notarial will reveal the defects.Notarial will,as a kind of deal with family property disputes in legal form,the procedure and content are bound by the provisions of the law.But with the development of modern technology,the property of the increasingly diversified,the type of property is already beyond the original law.But because of the lag of law itself,leading to some property types can't through the form of a notarial will is processing.Testamentary trust originated in the trust system of Anglo-American law system countries,refers to the principal in advance,in the form of a will to property management planning,including management of heritage,allocation,use and payment details due to the will,and will take effect after the trust property transferred to the trustee,the trustee according to the content of the trust,disposes of the trust property management.Testamentary trust disposition of the trust property shall not be limited by property type and form,and use more flexible than notarized wills.This article first part mainly combining with Chinese current notarial will,discusses the concept,characteristics of notarial will,legal regulations and program requirements and physical requirements,explore China's notarial will get into trouble,thus leads to the necessity of constructing the testamentary trust system in our country.Notarized at the second part of this article mainly discusses the advantages of interventional testamentary trust system.Notary in testamentary trust each link of the process and the effect of advantage.