Study On Beneficiaries Of Rights And Interests Protection Of Testament Trust

A will trust is a trust established by a client in the form of a will,which has a three-way structure,namely,a principal,a trustee and a beneficiary.The will trust system has the advantages that legal inheritance,wills,bequests and other wealth inheritance systems cannot match.On the one hand,the will trust can better reflect the will of the heir,and is called a hand extended by the ancestors from the grave.On the other hand,it can also make up for the insufficiency of the heirs or beneficiaries who cannot manage their wealth properly due to their own reasons.The will trust system is borrowed from China,but the regulations on the system are very general.This leads to poor operation in practice.When the system was introduced.since the national wealth of our country was still insufficient at that time,the widow trust system had no practical economic foundation,and the widow trust system itself was not perfect.Therefore,there are few cases of wills in China.As China's national property continues to increase and the people's ideological concepts change,people are increasingly hoping to solve the problem of inheritance through wills.The purpose of establishing a will trust is to benefit the beneficiary,and the beneficiary's rights should be one of the core of the will trust system.As a foreign product,the trust system has been continuously improved since it was accepted by China.However,there are still many problems in the system that have not been properly resolved,such as the independence of trust property,the rights and obligations of trustees and the issue of the nature of the beneficial rights of trust beneficiaries.The same is true of the will trust as a kind of trust.This paper selects one of the core issues of the will trust to study the beneficiary rights and interests.The beneficiary is a person who enjoys pure interests and is in a weak position compared to the trustee.It is necessary for China to establish and improve the guarantee mechanism for beneficiary rights of wills.In addition to the introduction,this article is divided into four parts:Part I: “An Overview of Wills Trust”.It mainly expounds the basic theoretical issues such as "the basic elements of the will trust" and the "effective time of the will trust",laying the foundation for the following discussion on the obstacles to the beneficiary's rights and interests protection.Part II: "the connotation of the beneficiary right of testamentary trust and the necessity of protecting it".It mainly expounds the content and nature of the beneficiary's right oftestamentary trust,and analyses the necessity of protecting the beneficiary's right of testamentary trust.Part III: "Analysis of the problem of the protection of beneficiary's rights and interests".Mainly combined with the status quo and practice of China's trust legislation,in the protection of the beneficiary's beneficiary rights,it is proposed that the probate trust in China has “weak supervision of wills trust trustee”,“the willow trust registration public system is not perfect”,and “wills trust” Insufficient rights of the beneficiary's rights relief mechanism and the incompleteness of the system of the executor's executor.Part IV: the “Recommended Proposal for the Protection of the Wills of the Trust of the Wills”.Corresponding to the third part of the question,the paper puts forward specific suggestions for improving the protection of beneficiary's rights and interests of beneficiary trusts.First,“strengthen the supervision of trust trustees”,second,“supplemental trust registration publicity system”,and third,“improve beneficiaries of wills trust” The fourth part of the “Equity Relief Mechanism” is to “enhance the system of executors of probate”,with a view to enhancing the protection of the beneficiaries' rights and interests,and improving the probate trust system so that the widow's trust can be widely used.