What Should I Know about Naming My Estate as Beneficiary?
Trust beneficiary rights, the symmetry of "legal title", also known as "equitable title", refer to the rights of the trust beneficiary in respect of the income or benefits of the trust property in a specific trust relationship . It is only protected by equity and does not apply the relevant rules of common law. Anglo-American law theory believes that the trust beneficiary right has dual attributes. On the one hand, it belongs to "human rights" and is the right to claim benefits from the beneficiary to the trustee. The "ownership" enjoyed by the trust property benefits shall be governed by the rules on real rights. Trust beneficiary rights cannot exist independently, they are only part of the rights of beneficiaries. [1]
Trust beneficiary rights
- 1. The right to enjoy the benefits of the trust, specifically what is the benefit of the trust, because there is no clear definition in law, personally think that it can include the following two parts:
- (I) Related concepts
- 1,
- (I) Material conditions
- due to
- due to
- in
- In practice, the
- Transferability of transfer of trust beneficiary rights
- According to our "
- Model trust beneficiary right transfer agreement [2]
- (A) from the perspective of the beneficiary
- The circulation of trust beneficiary rights can enable both parties to the transaction to meet their own needs, and there is the possibility of obtaining the difference for the trader. It can be said that the holding of the beneficiary rights of the trust is not just for the purpose of obtaining trust benefits, but an investment behavior that can obtain income from multiple channels.
- (B) from the perspective of the client
- 1. The circulation of trust beneficiary rights can bring income to the trustee. When the trust beneficiary rights transactions, you need to go to the trustee's business premises to complete the transfer registration procedures. The trustee can charge a certain fee for this.
- 2. The circulation of trust beneficiary rights can promote the development of trust business. Investment and speculation are an inseparable twin brother. Why do people scramble to buy stocks despite the relatively high stock market risks and the smooth listing of stocks? Is it because holding stocks can pay dividends? No, this is by no means the case in contemporary society. It goes without saying that stocks are being bought now to make a difference. As a trust product, the fund can be smoothly issued and shares the same purpose. Then, what if the trust beneficiary rights can also be circulated and become a tool for people to earn the difference? I think the answer is self-explanatory. At least, it will play a role in promoting the issuance of the trust.