Research On The Trustee System Of Testamentary Trust

With the continuous deepening of China's economic system reform,household property savings have increased dramatically,and how to manage the rational distribution of wealth and benefit from future generations has become a more concerned issue for the current public.As a new system for the management of the disposal of the estate,the Will Trust has gradually won the favor of the wealthy class with its respect for the will of the client and the optimization of the characteristics of the property.When the trustee manages the will trust property,the stability,flexibility and security characteristics embodied in the testee can indeed guarantee the continuation of the wealth of the will trust trust and enable the beneficiary to obtain the property income,and protect the will trust trust client.The purpose is achieved.However,it is undeniable that at present,the research on the will trust system in China's legal circles is relatively rare,mostly in principle,which leads to the difficulty in the application of the will trust system in practice and the slow development.The research on trustee issues in the wills trust law system has always been the focus of academic research.After the testament trust takes effect,among the involved parties,the client has passed away,and the beneficiary may not have the corresponding civil capacity and be entrusted.As a person with professional competence and technology,man is an important role in realizing the purpose of the trust trust client and the beneficiary's interests.Therefore,this article explores this topic.The first chapter elaborates on the theoretical basis of the trust trustee system.The second chapter analyzes the status quo of the trust trustee system.The third chapter points out the inadequacies of the legal system of the trustee's trustee,including: the trustee's selection mode is unreasonable,only considering the beneficiary's unilateral demand;the prudent investment obligation is too general,which is not conducive to the trustee's execution of property and judge's judgment;Whether the trustee can be unclear as the taxpayer is subject to repeated taxation;the trustee's responsibility to abuse the rights and the lack of post-hoc rights relief.The fourth chapter understandsthat countries around the world can learn from the study on the relevant provisions of the trustee trust system.The fifth chapter draws on the existing problems,draws on the experience of other countries,and based on the current legislative status of China's current will trust,proposes that the stakeholders apply for the court to elect the trustee,which can guarantee the fairness of the re-election of the trustee to a certain extent;Refine the trustee's prudent investment obligations,and guide the trustee to rationally manage the property by means of a special chapter,advocating diversified investment,and judging the criteria for judging the investment obligation,and provide the basis for the court judgment;clearly,the trustee should not become the taxpayer.Avoid repeated taxation;clarify the responsibility of the trustee and provide relief for the beneficiary's loss of interest.