Study On The Legal System Of Wills Trust

In modern society,the testamentary trust system is an important part of the trust system.It refers to the trust established through the legal act of testamentary trust,which is the trust between the trustee,trustee and beneficiary.In the form of a will,the testamentary disposition of the property is detailed in the testamentary form by the trust.Beneficiaries benefit.The testamentary trust system originated from the equity law of Britain and America,and was gradually adopted by the civil law countries.At present,the testamentary trust system is very mature and widely used in common law countries and in individual civil law countries as an effective means of scientific management of property,not only to maximize the value added to the estate of the principal but also to maximize the benefits to the beneficiary,and is therefore compared with inheritance as an effective legal system for the generation after generation transmission of property,It plays a unique role in social development.There are many successful cases of testamentary trust abroad,such as Princess Daiannuo's testamentary trust,not only to avoid the tragedy of the succession,but also to protect the education and life of future generations,so that they get rich returns.The Feile will trust,for example,not only gives the Feile family an edge in every industry in the world,but also keeps the offspring from being bewitched by their enormous wealth.In our country,the economy keeps developing,the people's property keeps increasing,how to make the children and grandchildren benefit continuously,breaking the traditional saying of "rich but not three generations",which needs testamentary trust system to play its unique function.not only specifies the few provisions of testamentary trust,but also lacks specific implementing rules,making the implementation of testamentary trust in the Trust Law of the People's Republic of China more difficult.As a result,there is a contradiction between the actual demand and the legal provisions.Through the analysis of the overseas testamentary trust legal system can learn from,perfect our country will trust legal system.The author will elaborate through seven chapters.The first chapter is the introduction.This article mainly narrates the purpose and significance of the topic,summarizes the research at home and abroad,the thinking and method of the research,the innovation and deficiency of this article,provides the followingtheory guidance,provides the methodology.The second chapter is about the basic legal problems of probate trust.This chapter studies the concept,character,value and function of the probate trust,the property scope of the parties to the legal relationship of the will trust and the legal system of the will trust,compares the differences between the will trust and the will inheritance,custody and bequests,and better understands the will trust and its characteristics,thus laying the groundwork for the following.The third chapter is the author to our country will trust legal system reflection.Chapter one mainly studies the specific content of the present legal system of probate trust and its deficiency.The fourth chapter is the content and reference of will trust system in Taiwan and abroad.In this chapter,the author studies the legal system of probate trust in Britain,America,Japan and Taiwan.The fifth chapter is the perfection of the legal system of probate trust.Through the discussion of the above chapter,some feasible suggestions are put forward to alleviate the contradiction between demand and regulation and enrich the theory of the probate trust system.The conclusion is the prospect of the legal system of probate trust in China.