10-14-2018 Why it is Trust-Inheriting instead of Family Inheriting?（为什么是信托继承而不是分家产继承？）

10-14-2018 Why it is Trust-Inheriting instead of Family Inheriting?（为什么是信托继承而不是分家产继承？）


A lot of anger expressed through these couple of weeks' broadcasting is the anger why everyone supports me to "choose Trust-Inheriting over Family Inheriting"?（这两个星期所表达的愤怒都和为什么这么多人都支持我选择信托继承而不按照分家产继承来谈这些钱的法律归属。）

This has been ridiculous to everyone who knows that Trust laws have been applicable for 1000 years but a true question to those who never heard of it. My father-side family has the tradition of setting up a Trust for each under-age son in family inheriting since ancient that Trust-Inheriting is never unheard of in China, but not to everyone as well.（这种愤怒对很多知道信托法已经存在有1000年的人来说实在是无稽直至， 但对很多人从未听说过信托法历史的人来说确实是他们不明白的地方。我爷爷家里自古就有替每一个年幼尚未成年的儿子在分家产时办一份信托，等他们成年后再提取现金的传统，所以中国也是自古就有信托存在，但也不是每一个人都很清楚。）

No one can choose how to inherit because inheriting has been regulated according to laws since ancient time, to if receive wealth from the deceased should be because of either blood or the will is a very common knowledge to most of the people, another aspect related to inheriting is often ignored which is how to receive the wealth from the deceased.（没人可以选择继承的方式，因为自古以来，如何继承财产就已经是由法律所规范的而非个人可以选择的，是否可以从一个去世的人那里继承到财产是由血原关系或者死者的遗嘱所决定的是很多人都知道的常识，但另一个和继承有关的方面却被大多数人所忽视了，就是这死者财产的法律归属是如何从死者名下转入继承者名下的。）

The ownership transferred from the deceased directly to the living, by blood or by will, is the family-inheriting. The ownership transferred from the deceased to the intended recipient through a third party is the Trust-Inheriting.（财产的法律所有权从死者名下直接转入继承者名下的，凭血原关系或者遗嘱继承，都属于分家产继承。如果这财产的法律所有权是从死者名下通过第三方再转入继承者名下的就是信托继承。）

In detail, my Trust-inheriting as an example, my grandfather transferred some money out of his name to "Female palm（女掌)" when he was a living person but I was not born yet, so he asked a third party(attorney) to set up a Trust look after this money he gave to "female palm", so the ownership of this money transferred to the sole beneficiary person "female palm" of the Trust and would be taken care of by this attorney. （具体来说，以我自己的信托继承为例子，我爷爷在他自己还活着时就将他自己的钱转入了“女掌”的名下，但我那时还没有生，所以我爷爷就找了一个律师设立了一个信托来照看这笔他给了“女掌”的钱，所以这笔钱就此从我爷爷的名下转入了该信托的唯一受益人“女掌”的名下并由该律师负责照看。）

So, this money is no longer my grandfather's money once this Trust set up, but owned by the "female palm" who is the sole beneficiary of this Trust. Who should be this female palm and how this female palm can have this money transferred into this female palm's legal government-registry name are all specified in my grandfather's letter(Trust-settler's letter) of how to set up this Trust.（所以说，在这信托设立以后，这笔钱就不再是我爷爷所拥有的了，而是由该信托的唯一受益人“女掌”所合法拥有。谁才是此“女掌”以及该“女掌”如何才能将这笔钱转入该“女掌”的户籍注册名下，都是我爷爷在设立该信托时就已经在其“信托设立人委托书”里就已经规定了的。）

In my grandfather's settler's letter, he specified the female palm should be a girl born from his eldest son Fang, Wenhai (方文海) who also would share his family birthmark as the attached illustration. In 1967, I was born as Fang, Wenhai's lawful and biological daughter who shares my father Fang, Wenhai's and my grandfather's birthmark exactly as that attached illustration in my grandfather's settler's letter. （在我爷爷的“信托设立人委托书”，我爷爷制定了该女掌是其长子方文海所生的女儿，这个女儿有和他自己一样的掌纹（附有掌纹图）。我是1967年出生，是方文海的婚姻所出的亲生女儿，有着和我父亲方文海及我爷爷一模一样的胎记掌纹，就如我爷爷的“信托设立人委托书”的附图所示。）

So, the money of the Trust my grandfather set up in Hong Kong has been my money since 1948, this money was transferred to my legal government-registry name Min Fang (方敏）in 2004 after my inheriting. （所以，这笔钱从1948年我爷爷替我在香港设立信托开始就已经是我的钱了，这笔钱的法律所有权在2004年我继承后转入我的户籍注册名方敏的名下。）

----October 14th, 2018


Anger from the cousin who was presented on July 1st of 2004 why he was not even asked?(2004年7月1日在场的那个亲戚的愤怒"当时明知他在场，却连问都没问他一声。”）

My response: （我的回应:)

Who should ask him about what? (谁需要就什么问题询问他的意见？）

Money was given by my grandfather, the attorney was hired by my grandfather as well, never his mother (one of my father's younger sister) nor himself. The attorney did not need his permission to fulfill my grandfather's entrusting, I don't need his permission to transfer that money into my lawful registry name, why anyone needs to ask him? Plus, inheriting was the day before.（这钱是我爷爷给我的，律师是我爷爷聘请的，从来不是他妈妈的(我爸爸的一个妹妹）更不是他本人的钱。我爷爷聘用的律师不需要他的授权来执行我爷爷的嘱托，我也不需要他的批准才能把钱转入我自己的户籍注册名。谁需要问问他的意见？何况继承是前一天的事。）

He did ask if he has a share in it and he got the "Nope" answer very politely.（他是有问他是不是也有继承份额，他当时就已经听到“没有”的回答啦，回答的态度是非常客气也非常礼貌的。）

I have some anger as well. When my father did not get a penny in 1965's handsome family-inheriting, none of his siblings felt sorry for my father, no comforting for that from them at all, no comforting gift when my father got married nor when his firstborn was born. My mother married a man who only had an empty employee dorm room with a lot of carton boxes has been my family story. All their tones have been "It is the father(my grandfather) who does not willing to give, it is not their fault and it is absolutely none of their business". My father never blames them nor educates us to blame them as his marriage family. （我也是一腔的愤怒。当我父亲在我爷爷1965年去世分家产时一个子都没有分到，他们是一人一万元人民币。我爸爸的三个弟妹就没有觉得我父亲蛮惨的，当时没有安慰一下，我父亲结婚时也没有，我父亲的第一个孩子出生时也没有。我母亲嫁给我父亲时，我父亲就只有一件空空的员工宿舍房间加上几个纸箱子， 这是当时的街坊邻居都知道的我父母婚姻故事。他们态度始终都是“这是做父亲的（我爷爷）不想给，又不是他们的错，管他们什么事。”我父亲从来就没怪过他弟妹一句，更没教育我们这些他自己的婚姻家庭成员去指责他弟妹。）

When I inherited money in 2004 from the same person (my grandfather), I actually gifted them handsomely and they actually have been educating everybody to blame me. What the suck is this?（我2004年继承的是同一个人（我爷爷）给的钱，我还有送一份不薄的礼物给他们，他们居然还到处教育别人来一起指责我。这他妈的算什么事？）

----October 14th, 2018