What are the types of testamentary trusts?

Legal analysis: There are two kinds of testamentary trust and estate management trust in China.

1. Testamentary trust refers to the collection and settlement of creditor's rights and debts related to the execution of the will, the delivery of testamentary items, the disposal and division of the estate after the death of the testator according to the will or the ruling of the relevant court. The establishment of testamentary execution trust is mostly due to the testator's more property, the complicated relationship between estate division and disposal, and the lack of reliable executors.

2. Managing the estate trust is a trust business entrusted by the testator or the court to manage the estate within a certain period of time. This kind of business can be divided into two situations: "undetermined inheritance" and "fixed inheritance".

Legal basis: Article 138 of the Civil Code of People's Republic of China (PRC). A testator may make an oral will in an emergency. An oral will shall be witnessed by two or more witnesses. After the emergency is eliminated, if the testator can make a will in writing or in the form of audio and video recording, the oral will made is invalid.

Article 1 142 of the Civil Code of People's Republic of China (PRC) * * * The testator may withdraw or change his will. After making a will, if the testator carries out a civil legal act that is contrary to the contents of the will, it shall be regarded as withdrawing the relevant contents of the will. There are several wills. In case of conflict, the last will shall prevail.