Protection Of The Rights Of Beneficiaries Of Family Trusts In My Country

With the rapid growth of the high net worth population and the continuous accumulation of private wealth,the generation who have experienced the wave of reform and opening up are facing the problem of how to pass on the family wealth to the next generation.Therefore,family trusts are gradually becoming popular among high net worth individuals.Family trust originated from the "ius system" in the United Kingdom,developed and grew in the United States,and was innovated in Japan.In recent years,China drew on the development experience of other countries and introduced this system to solve the inheritance of wealth of high net worth families.Market development is slow,but at the moment,I state the family trust related legal system is not perfect,the most concerned about the trust beneficiary rights of principal problem on many deficiencies,the beneficiary rights abused events occurred frequently,this paper combined with Anita mui family trusts and Lydia shum family trust two typical cases,analyze the controversial focus,and explore its disputed points behind the essence of the problem,put forward their own opinions,hoping to provide Suggestions of development in China of the family trust.This paper mainly discusses through the following four parts:In the first part,two typical cases of Anita mui family trust and Diana shen family trust are taken as the starting point to summarize the dispute focus of the cases.That is,the beneficiary of the exercise of the right to discharge standards;Whether the excessive rights of the principal affect the interests of the beneficiary;Standards of fiduciary obligations;The supervisor system of civil trust.The second part is the theoretical analysis.Firstly,the relevant theories of family trust beneficiaries are clarified around the above dispute points,including the overview of family trust.Family trust beneficiary connotation and extension;Definition of beneficiary's rights in family trust.The third part analyzes the current situation and existing problems of the protection of the rights of beneficiaries of family trust in China,including the lack of judgment standard for the rights of beneficiaries,the rights of trustor,the fiduciary's duty of loyalty and care,and the lack of supervisory system in civil trust.The fourth part,after the whole case analysis process,gets the Suggestions to improve the protection system of the beneficiary's rights of the family trust,reduce the legal rights of the trustor,clarify the judgment standard of the trustee's duty of loyalty and care,relax the conditions for the beneficiary to exercise the right of removal,and clarify the supervisory system of the private interest trust.Based on the different perspectives of different trust participants such as the trustor,the beneficiary,the trustee and the supervisor only in the public trust,the author analyzes how they should exercise their rights and fulfill their obligations to protect the rights of the beneficiary to the maximum extent.