Research On The Testament Trust System In China

The probate trust system,as its name implies,refers to a trust established through a will.At present,China is facing a situation that has not been seen in 100 years.Since the reform and opening up,China's economy has taken off.China's total economic output has firmly ranked second in the world,and personal wealth has shown explosive growth.And how to place this wealth in people's hands,and how to use an efficient and safe way to enrich their own wealth,this is also the question that people are gradually beginning to pay attention to.How to make arrangements for the things behind you before you die and avoid inheritance disputes? The probate trust system can solve this difficult problem to a large extent,and make up for the deficiencies and defects in our country's inheritance field.The first part of this paper describes several basic questions about the probate trust system.Firstly,the origin and development of probate trust system are studied,and the historical laws of probate trust system are found.Secondly,the concept and characteristics of probate trust are explained.Then the function of Intestate trust is analyzed.Finally,the Intestate trust is compared with Intestate inheritance,irrevocable living trust and entrusted agency,and the advantages of Intestate trust system are further demonstrated.To some extent,it can make up for the defects in Intestate inheritance in our country.The second part of this paper compares the probate trust systems of several representative countries in the United States,Britain,Japan,and Germany,and draws on their excellent experience.The third part of this paper studies the present situation and problems of the Intestate trust system in China.Firstly,the author introduces the present situation of the testator trust system in China from the legislative and judicial aspects,and then discusses the conditions for the establishment of testator trust system,the rules for selection of trustees,the ownership of testator trust property and the registration system of testator trust.The fourth part of this article explores the legal path of the probate trust system in China.It is the idea of constructing the probate trust system in our country.It mainly puts forward the idea of constructing the probate trust system and legal principles,and at the same time gives some specific suggestions.