The Study On The Establishment And Improvement Of The Testamentary Trust Legal System In China

In recent years,China's economic development has made remarkable achievements.The accumulation of national wealth has led to a series of new problems in the inheritance of inheritance.People hope to deal with property according to their own wishes and use their own wealth in a better way.The children and grandchildren,however,China's current inheritance system does not fully meet people's needs.This article believes that the legal system of testament trusts may be able to change this situation to some extent.Unlike general contract trusts,the trust trustee establishes a will before his death in order to realize the management of the estate,and details the planning of the estate in his will according to his or her wishes.When the will goes into effect,the trust property is transferred to the trustee's name.The person,in accordance with the requirements in the will,manages the management of the trust property for the benefit of the beneficiary or for other purposes of the client.Compared with the traditional inheritance system,the probate trust has its own unique position and advantages,such as the professional trustee managing the property to increase the value,follow the client's free will,and reduce the cost of inheritance.However,at present,there are few regulations concerning the trust of wills in China's current laws,and a mature legal norm system has not yet been formed,which makes the wills fail to play their due role in social practice and lags behind social and economic development.In this context,it is particularly necessary and urgent to find out the major problems facing our country in the construction of the legal system of wills trust and to perfect them.This article is mainly divided into three parts:The first part elaborates the concept of will trust,points out the advantage of will of trust compared to wills inheritance,and then puts forward the necessity and feasibility of constructing will trust system in our country with some real cases.The second part starts with the establishment of the will,the implementation(change and termination),management and supervision of the will,and at the same time,combines the analysis of the subject,object and content of the trust relationship of the will,compares the extraterritorial legislation,and discovers the legal system of the will of the country.The main problems faced in the construction process.The third part,based on the problems discussed in the second part,draws lessons from the extraterritorial effective experience,draws corresponding perfect recommendations,and proposes the introduction of a pre-reliant trust system.