**: Shanghai ** newspaper
Recently, the news of "Shanghai's only daughter was divorced after inheriting 200 million yuan" has attracted market attention, and even appeared on Weibo hot search. According to ** reports, Kang Lu (pseudonym) has a wealthy family and married him under the pursuit of Wang Li (pseudonym), but later Kang Lu's parents died in a car accident during a trip. Wang Li sued for divorce half a year after the death of Kanglu's parents, demanding that Kanglu's inheritance of his parents' estate be divided. As soon as this incident was a**, many netizens called the realistic version of "her who disappeared".
In this regard, a number of trust people admit that the specific details of the dispute between the two parties are still unclear, but for high-net-worth individuals, family trust is a good tool to avoid such troubles, the settlor can not only agree to designate beneficiaries when setting up the trust, isolate the risk of marriage, but also achieve long-term, phased benefit distribution, thereby reducing the possibility of others defrauding property through marriage.
The attributes of family trust instruments are highlighted.
In fact, after the news of "Shanghai's only daughter was divorced after inheriting 200 million yuan" attracted market attention, many trust industry insiders said that family trust is actually a high-quality tool to avoid this situation.
Zhou Qun, head of the family trust division of Shandong Guoxin, said that in this case, if Kanglu's parents set up a family trust for the property they owned before their death, designated Kanglu as the beneficiary, and stipulated in the trust contract that the funds allocated to their daughter would be their personal property, Kanglu's marital risks would be well isolated. The reason is that the trust beneficiary rights enjoyed by the daughter are not the daughter's liability property and will not be divided in the event of divorce. At the same time, the trust interests allocated to the daughter will also become the daughter's personal property rather than the joint property of the husband and wife because of the contract.
In addition, Zhou Qun also reminded that the distribution of trust benefits is long-term, continuous and planned. In this case, the parents' assets were acquired by the daughter in a lump sum, and even if there is a will confirming that the estate is the daughter's personal property, the estate may still be divided due to the commingling of property during the future marriage. However, if a trust is chosen, parents can avoid this risk by designing to distribute trust benefits to their daughters every year during the life of the trust instead of a lump sum. "In the family trusts set up by our company, many settlors isolate the marital risks of their children in this way, and some dowry family trusts have also come into being. ”
The head of the wealth team of Huabao Trust East China Business Center also said: "According to Article 48 of the Trust Law of the People's Republic of China, the trust beneficiary rights of the beneficiaries can be transferred and inherited in accordance with the law, except for the restrictive provisions in the trust deed, that is, under the express restrictions of the trust contract, Wang Li cannot inherit the trust beneficiary rights of Kanglu from beginning to end. ”
Family trusts and family service trusts have developed rapidly.
It is worth noting that with the accumulation of residents' wealth, the pace of transformation of the trust industry has accelerated, and family trusts have developed rapidly in recent years. At the same time, the family service trust industry, which has a lower threshold for participation, has also become rapidly popular.
He Fei, general manager of the Wealth Management Center of Minmetals Trust, said that on June 1 this year, the "Notice on Standardizing the Classification of Trust Business of Trust Companies" issued by the former China Banking and Insurance Regulatory Commission was officially implemented. The circular clearly stipulates that the trust business will be divided into three categories: asset service trusts, asset management trusts and charitable trusts. Among them, family service trusts and family trusts are the business directions encouraged by the supervision, and the trust companies will increase their layout. As of October 20, Minmetals Trust's family service trust business has accumulated nearly 200 customers across the country, with a scale of nearly 3500 million yuan.
According to the reporter's incomplete statistics, since the beginning of this year, more than 10 trust companies, including Shanghai Trust, Shandong Guoxin, China Construction Investment Trust, and Minmetals Trust, have landed family service trust business.
A trust company source revealed: "Many middle-class families also have the need for property risk isolation and inheritance, so the current popularity of family service trusts is relatively fast, and the current scale of the company's family service trusts has approached 1 billion yuan." ”