[Direct answer]In the Beijing area, the trustee of a testamentary trust is appointed by the testator in the will as a natural person, a legal person, or another organization established in accordance with the law; if the testator fails to appoint a trustee or the appointed trustee is unable or unwilling to serve, the beneficiaries may appoint a new trustee. The beneficiaries or interested parties may also request the court to appoint a trustee. According to Articles 13, 24, and 39 of the Trust Law of the People's Republic of China, the trustee must have full capacity for civil conduct, and persons with incapacity and those prohibited by laws and administrative regulations from serving may not serve as trustees. The key to establishing a trust lies in selecting qualified subjects and clarifying the rules of performance and supervision. It is recommended to pre-set selection, dismissal, and supervision mechanisms in the will and, if necessary, consult a professional lawyer. For more details, please refer to the following link:Legal services for inheritance and family property division.

I. Problem Background and Typical Scenarios

The selection of trustees for a testamentary trust is common in high-net-worth families who establish family trusts through wills, for intergenerational inheritance, or to care for relatives with special needs. In practice, testators often appoint their children, spouses, or trusted friends as trustees, and may also entrust trust companies and other legal entities with the task. However, when the appointed relatives or friends lack management capabilities, are seriously ill, or refuse to assume the role, disputes arise over who should succeed them and how to supervise them. If such arrangements are not clearly defined, it is very likely that the implementation will stall after the inheritance begins, and related ownership and inheritance issues may need to be addressed in conjunction with other legal provisions.Real estate sales and construction project servicesLet's sort things out together.

II. Key points of contention

There are three main points of controversy. Firstly, the eligibility of trustees: if a minor, a person with no capacity for action, or a person who is prohibited by law from holding a position is appointed, the appointment will be invalid and a new trustee must be selected. Secondly, the appointment process: if no trustee is appointed in the will, there is often a disagreement about whether the trustee should be jointly appointed by all beneficiaries or appointed by the court. Thirdly, the supervision of duty performance: when the trustee neglects to manage the estate, engages in self-dealing, or damages the interests of the beneficiaries, how should the trustee be dismissed and held accountable? For issues involving the scope of the estate and debt clearance, reference can be made to relevant provisions.Special services and other case servicesClarify the boundaries between trust property and inherent property.

III. Professional analysis by Henglue Lawyers

Based on the inheritance disputes handled by our firm, it can be seen that the validity of a will is directly related to the trustee's (heir's) ability to fulfill their obligations. In the Dongcheng District housing inheritance case handled by Attorney Li Yonghui, the decedent, Guo **, wrote a self-written will on January 28, 2013, stipulating that his share of the couple's joint property would be inherited by his daughter, Zhao **. After Guo **'s death in December 2022, other heirs raised objections to the authenticity of the will and claimed that Guo **'s previous signing of the house owner's consent form constituted a withdrawal of the will. Attorney Li argued based on the formal requirements of the will and the fact that the handwriting identification was hindered. After the court's trial confirmed the validity of the self-written will, combined with the judicial appraisal value of the house of 5.7465 million yuan and the appraisal fee of 16,866 yuan, the court ultimately ruled that the house should be owned by Zhao **, who should pay a compensation to the other party. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis mainly includes Article 13 (Establishment of a Testamentary Trust), Article 24 (Requirements for Trustees), and Article 39 (Dismissal of Trustees) of the Trust Law of the People's Republic of China (effective October 1, 2001); for testamentary succession, relevant provisions such as Article 1141 (Mandatory Share) of the Civil Code of the People's Republic of China (effective January 1, 2021) apply. Practical suggestions: When establishing a testamentary trust, it is necessary to specify the selection and succession order of trustees, appoint a supervisor or protector, and stipulate performance reporting and auditing obligations. If a trustee refuses to accept the appointment or is unqualified, the beneficiaries' meeting or the court should promptly appoint a new trustee to avoid a vacuum in estate management. For creditor repayment matters, it is advisable to ensure a smooth transition.Creditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Reminder

A testamentary trust is not something that can be set up and left alone. Whether the trustee can perform his duties faithfully determines the success or failure of the inheritance. It is recommended to prioritize selecting entities with management capabilities and minimal conflicts of interest. For corporate trustees, verify their qualifications, and for natural person trustees, set supervision and dismissal clauses. If the trustee is found to harm the beneficiary's interests, the beneficiary may request the court to dismiss the trustee and seek compensation according to law. For families with complex structures, it is advisable to plan in advance and keep written documents. If you need a personalized solution, you can seek assistance from a professional institution.Divorce litigation and family dispute resolution servicesCollaboratively design and inherit the architecture.

VI. Frequently Asked Questions

Q1: Can anyone serve as the trustee of a testamentary trust?

No. According to Article 24 of the Trust Law, the trustee must have full capacity for civil conduct. Those who are incapacitated or who are prohibited by laws or administrative regulations from serving as trustees are not eligible to hold the position; minors and those who have been deprived of relevant qualifications are also ineligible. If the trustee designated by the will falls into any of the above situations, the designation shall be invalid. In this case, the beneficiaries shall either appoint a new trustee or request the court to appoint one, so as to ensure the achievement of the trust purpose and the protection of the beneficiaries' rights and interests.

Q2: What evidence is needed to appoint or challenge a trustee of a testamentary trust?

The core materials include: a will or trust document specifying the trust arrangement, evidence of the testator's capacity for action and intent (such as witness statements and video recordings), proof of the trustee's identity and qualifications, ownership certificates for the trust property (such as property ownership certificates and account information), and records of the trustee's performance of duties or breach of contract. In the event of a dispute, it is also necessary to provide proof of the scope of beneficiaries and communication records, in order to demonstrate any defects in the selection of the trustee or grounds for their dismissal.

Q3: How much does it usually cost to hire a lawyer to handle disputes between trustees of a testamentary trust?

Legal fees are usually charged on a per-case basis, as a percentage of the subject matter value, or on an hourly basis, with the specific fees subject to the contract of entrustment and without a unified standard. If it involves large-value trust property such as real estate, the fees may be charged in stages based on the value of the property. Court fees are charged in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the claim. It is recommended to clarify the scope of fees and refund conditions before entrusting the case, and to weigh the subject matter and costs before making the decision to entrust the case.

Q4: How long does it usually take to resolve disputes between trustees of a testamentary trust?

If there are no objections to the selection from all parties, or if the matter can be resolved through consultation or a beneficiary meeting, the process will take a relatively short time. If the case is brought to court, it will be concluded within six months in the first-instance ordinary procedure and within three months in the simplified procedure. The appeal in the second instance generally takes three months. If the case involves property appraisal, expert evaluation, or cross-border factors, the timeframe will be extended accordingly. Overall, simple cases can be completed in a few months, while complex cases may take more than a year.

Q5: I want to appoint or change the trustee of a testamentary trust. What should I do specifically?

The first step is to sort out the family structure and trust property, and clarify the trustee candidates and the succession order; the second step is to specify the selection, dismissal, supervision, and reporting mechanisms in the will or separate trust documents, and appoint a supervisor if necessary; the third step is to convene a beneficiary meeting to re-select a trustee if the trustee refuses to accept the appointment or is unqualified, and if no agreement can be reached, the court may be requested to appoint a trustee; the fourth step is to keep written and video evidence throughout the process, and entrust professional lawyers to ensure the effectiveness of the clauses.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Inheritance legal services·Attorney Li Yonghui·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.