Research On The Trustee System Of Testamentary Trust In China

With the sustained and rapid development of China's market economy,the national income continues to grow.In the face of a great deal of wealth,the rich are concerned about how future generations can inherit and maintain wealth smoothly.To avoid disputes over inheritance.For the rapidly growing middle class,how to maintain and increase their wealth and safeguard the lives of future children has made the inheritance problem of our country increasingly prominent.Inheritance of wealth has become a prominent problem in the current society.Testamentary trust,with its full respect for the will of the client,The characteristics of maintaining and increasing wealth and reducing disputes are in line with people's desire to inherit wealth.The trustee is responsible for the management and disposal of trust property.And manage and operate according to the purpose for which the trust is established in order to maximize the benefit of the beneficiary.In a word,the trustee is under control in the testamentary trust,The central position of the management and disposal of property.Through the analysis of the testamentary trust trustee system to clarify the qualifications,rights and obligations of the testamentary trust trustee,on the basis of this,combined with our country testamentary trust trustee practice development situation,One by one points out the defects and deficiencies in the legislation of testamentary trust trustees in our country,such as too strict qualifications of trustees,the absence of the selection system when the duties of trustees are vacant,In view of the above legal obstacles,it is proposed to allow natural persons to be the trustee of the testamentary trust,the property right of the testamentary trust is clearly attributed to the trustee and the trustee's vacancy is applied to the mode of selecting the trustee of the application court,so as to further refine the Countermeasures of the trustee's prudent investment standard.,so that the advantages of the trustee system of testamentary trust can be better brought into play and reflected in our country's practice.