Basic case
The heir, Li Mouming, was born on August 19, 1950, and his parents are Li Mouhua and Liu Mouxiang. Li Mouhua died on October 10, 1984, and Liu Mouxiang died on January 3, 1998. On April 2, 1980, Li Mouming and Li Mouli, who was not involved in the case, registered their marriage. After marriage, the two had a daughter, Li. In 2006, Li Mouming and defendant Qin Moumou gave birth to defendant Li Moujin. On May 28, 2012, Li Mouli sued the court for divorce. On November 3, 2012, Li Mouming and defendant Qin Moumou gave birth to another daughter, named Li Moujia. On February 16, 2013, Li Mouming and Li Mouli divorced by the court. On September 5, 2013, Li Mouming and defendant Qin XX registered their marriage. On May 30, 2015, Li Moujia died. On August 11, 2015, Li Mouming passed away in Shanghai Ruijin Hospital due to illness, and left a handwritten will to dispose of the estate. The contents of the will are as follows:
1. Total property:1.Yuanpu invested 5 million (monthly profit) investment ** trusteeship;2.Bank of Shanghai Yi Genie and China Merchants ** about 5 million;3.Jinjia Lane, Qingpu Liantang Qianjin Street, Haikou real estate each one.
2. Property Disposal:1.In Shanghai, the purchase price of a three-bedroom and two-hall property is about 6.5 million, which will only be passed on to the next generation, and will not be permanently allowed (the existing three properties can be merged into the Li Mouming family, and the rent will be charged if not);2.The remaining 3.5 million funds and real estate ** funds of about 4 million and 6.5 million houses and other assets of about 14 million were established to be managed by the "Li Mouming Family ** Association".
3. Use of property:His wife Qin Moumou and daughter Li can receive 10,000 yuan per month for living expenses (5,000 yuan for the rent of the existing house and 5,000 yuan in cash), all medical expenses will be reimbursed, and the rent before buying the house will be paid in full. Li's domestic tuition fees are all reported. Every year, Qin Moumou, Li Jia, Li B, and Li C each receive a management fee of 10,000 yuan from **. Half of the out-of-pocket medical expenses for his wife, children, and three siblings (hospitalization for serious illness) will be reimbursed.
4. The management of property is the joint responsibility of Qin, Li Jia, Li B, and Li Bing. The newly purchased 6.5 million real estate Qin, Li, and Li all have the right to live, but those who do not live in it cannot collect rent from the residents.
In addition, Li Mouming wrote a self-written will on November 23, 2014, which mentioned the establishment of "Li Mouming's Family Trust**".
However, Qin Moumou believed that the property disposed of in the will included the part of the joint property of the husband and wife, so he first took out the property belonging to his own, and he believed that the part of the property belonging to him should be precipitated before dividing the property according to the will. Li believed that it should be divided according to a strict will, and the two parties could not reach an agreement, so Li sued the court.
Adjudication Results
The court held that judging from the content of the will, Li Mouming expressed the meaning of not dividing the estate, but to manage the estate as a whole through a third party, and the third party was named "Li Mouming's family ** meeting" by Li Mouming, designated the use of part of the property, designated the beneficiary, clarified the remuneration of the administrator, and required the separation of ownership and income rights. Li Mouming's above-mentioned expression of intent conforms to the legal characteristics of trust, and should be identified as Li Mouming's hope to establish a trust by way of a will to realize the inheritance of family wealth. Li Mouming's will complies with the provisions of the Trust Law and is a valid trust document. To sum up, the will made by Li Mouming is valid, and a trust was established in accordance with the law, and the plaintiff Li's request for inheritance in accordance with the will can be supported. The request of the third party, Li A, Li B, and Li C, to execute the will may be supported, and they will act as trustees to perform the trustee's obligations in accordance with the provisions of the law and the content of the will according to the scope specified in the judgment.
Optimal viewpoint
Trust is a very important tool in both the financial and legal fields, which can help property owners to achieve long-term preservation and appreciation of property and smooth inheritance of wealth. However, only a legitimate trust deed can ensure the achievement of these goals. This article will discuss what kind of trust documents are legal and valid, as well as the legal risks that may arise in testamentary trusts and the corresponding risk prevention measures.
Valid trust deeds.
First of all, the trust deed must comply with relevant legal provisions, including but not limited to the Trust Law of the People's Republic of China, the Civil Code of the People's Republic of China, etc. When setting up a trust, it is essential to comply with these legal provisions, otherwise it may result in the trust being invalid or there are other legal risks. Secondly, according to the provisions of the Trust LawThe purpose of the trust must be lawfulIt should be in writing, including a will, etc。Finally, the content of the trust deed should also be specifiedThe purpose of the trust, the name of the settlor and the trustee, the scope of the beneficiaries, the scope of the trust property, and the form and method of the beneficiaries obtaining the benefits of the trust.
Legal risks of testamentary trusts.
, the legitimacy of the will:A will must comply with the law in order to be valid. If there are flaws or loopholes in the will, it may lead to the invalidity of the will or other legal risks. To create a trust by will, it is necessary to ensure the validity of the will.
2. Disposal of joint property of husband and wife:In testamentary trusts, if joint property is involved, the respective ownership and distribution methods must be clarified. If it is not dealt with clearly, it may lead to disputes and disputes over the joint property of the husband and wife.
3. Selection of trustees:In a testamentary trust, the choice of trustee is very important. If the trustee chosen is not in the right place or is unable to perform his or her duties, it may have an impact on the operation of the trust and the interests of the beneficiaries.
4. Management of trust propertyIn testamentary trusts, it is necessary to specify how the trust property will be managed and who will be managed. If the management method is not clear or the administrator is improper, it may lead to the loss and risk of the trust property.
Measures to prevent legal risks in trusts
In order to protect against the above-mentioned legal risks, the following measures can be considered:
Consulting professionalpersonWhen setting up a testamentary trust, you should consult with a professional to ensure that the trust complies with legal and relevant policy requirements. At the same time, the various circumstances and handling methods should also be clarified in the trust.
2. Choose the right trustee:The credibility and competence of the trustee should be considered when selecting it to ensure that it is able to perform its duties and protect the interests of the beneficiaries. At the same time, the rights and obligations of the trustee and the way of assuming responsibilities should be clarified in the trust plan. If you have any questions about the establishment of a trust, it is advisable to seek professional help.
3. Formulate a reasonable property management planIn the will, a reasonable property management plan should be formulated, including management methods and specific management measures. This avoids the loss and risk of trust property. At the same time, the impact of factors such as market changes and policy adjustments on the property management plan should be considered and the plan should be adjusted in a timely manner.
Editor|Yan Lishan.
Design|Jiang Jitao.
Audit|Tang Haifeng.
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