Research On The Legal Protection Of The Beneficiary Rights Of A Will And Trust

As a property management system,trust plays a unique function and economic value in the inheritance.The will trust can flexibly execute the client's intention and effectively solve the special wishes that the will of the will under the current inheritance system cannot achieve.The core of the will trust is the wills trust benefits.However,there are many problems in the protection of the beneficiary rights of wills in our country's legal system,which leads to the difficult development of wills trusts in the development of theory and practice.Therefore,we need to establish a set of legal protection mechanisms that will protect the trust rights of wills.This paper starts from the basic theories of the beneficial right of the trust and briefly introduces the current situation of the legal protection of beneficiary rights of beneficiary trusts and beneficiary trusts both at home and abroad.Through comparative analysis,this paper points out the legal protection of beneficiary rights of wills in China.Then,in view of the above-mentioned deficiencies,we should draw on foreign relatively sound legal provisions,combine our country's legal traditions and systems,and refer to relevant works for analysis and discussion.Finally,from the trust theory,the rights and obligations of the parties involved in the legal relationship of the trust,and related supporting systems,etc.,a complete legal protection mechanism for the beneficiary rights of the trust is constructed.The full text is divided into four parts:The first part "From the trust benefit right to the beneficiary trust benefits." This part discusses the common issues and special issues of the legal protection of the beneficiary trust benefits.The common problem is the need to clarify the nature of the beneficiary right of the trust.The particularity of the beneficiary trust's beneficiary right lies in the acquisition time of the beneficiary trust beneficiary right and the lack of supervision of the will of the trust trustee and beneficiary.The second part is "Comparison of the legislation of the legal protection of the beneficiary trust beneficial right".This section mainly introduces the legal and regulatory aspects of the protection of trust income rights in Anglo-American law countries and civil law countries(regions),including granting more extensive rights to beneficiaries,strong operability to the trustee's obligations,and the establishment of a trust monitor system to enhance external supervision.The third part is "the analysis of the defects in the legal protection of beneficiary rights of wills in China".The legal protection system of the beneficiary trust rights in China has the following problems: First,the protection of beneficiary trust beneficiary rights lacks supervision;Second,there are legislative conflicts in the legal provisions of the will of beneficiary trust;Third,the trustee of the testament trust The duty of abstraction and breach of obligations is not clear.The fourth part is "the perfection of the legal protection mechanism for beneficiary trust rights in our country".This chapter mainly provides specific suggestions for each of the questions raised in Chapter III.First,it is clear about the legal nature of the beneficial rights of trusts;Second,it improves the rights and obligations of trustees;and thirdly,it adds related support for protection of wills' trust benefits.The system includes the establishment of a public trust trust public notice system,the improvement of wills trust information disclosure system,and the introduction of will trust trust supervisors.