Discuss The Rights And Protection Of Family Trust Beneficiary

Family trust is more protruding for the interests of the family members,and the rights of the beneficiaries are more complex.However,due to the late start of the family trust development in China and the lack of relevant laws and regulations,the interests of the beneficiaries cannot be protected well.Based on the protection of the interests of the beneficiaries of family trust and the actual cases of family trust,this paper analyzes four types of family trust beneficiary rights might be infringed,and puts forward protective suggestions accordingly.This paper is composed of the introduction,the text and the conclusion,and the text includes the following five parts:The first part is to analyze the basic theories of the rights of the family trust beneficiaries.This part introduces the definition,scope and particularities of family trust beneficiary,classified family trust beneficiary’s rights combined with the provisions of the trust law of China,summarized the acquire,change and perish of it and four types of it might be infringed.In the second part,from the perspective of trustee’s duty,aiming at the imperfection of the basic duties of the trustee,it puts forward suggestions for improving the duties standard of the trustee,including the perfection of the trustee’s duty of loyalty,duty of care and fair obligation.In the third part,the author mainly illustrates how to protect beneficiaries’ rights and interests when the third party press for payment.First of all,from the legislative system,it is suggested that the terms in which trustee take the responsibility of the trust property to be differentiated.Then it is suggested to add the clause of the spendthrift in the design of the trust clause.In the fourth part,in view of the absence of the supervision right of the trust beneficiaries,it puts forward the orientation of setting up the protector.First of all,the necessities of the establishment of the protector is introduced,and then it is conceived from aspects of the way of establishing and the setting of the rights of protector.The fifth part talks about the family governance and the protection of the beneficiaries.It puts forward to draft family constitution and set up family governance institutions,including family meetings,family councils,family supervisors and other family governance institutions.