El fideicomiso testamentario como herramienta de planificación patrimonal.

Abstract

Economic and financial planning should be a fundamental part of life, and in this case, after the life time of a person. The little use that the legal will currently has is due to the limitation of planning and the amount of care that, according to the circumstances, people can have. That is why the present paper will analyze and update the use of the tool of the will, so that it is adapted to the new realities, and provides a real possibility of using the provisions that the will of the testator can cover. People who come to have a heritage in their lives can become concerned about the administration of it, especially if their descendants do not meet the qualities or the preparation to handle it. This is why the testamentary trust can become an essential element in the planning of the financial future of families. In short, the circumstances that can be faced by and his family reality are as extensive as human relationships are generated in society. In this way, the testator and trustor can foresee and plan important issues such as the education of their descendants, the execution of philanthropic works that leave a mark on society, the management and investment of their family's assets, and put them in the hands of people more qualified for this task, in this way anticipates, protects and avoids conflicts between heirs that otherwise can result in economic losses and leave both the testator and the heirs in precarious legal and economic situations, which do not allow to properly exploit the assets. Therefore, the concepts related to The Succession due to Death, Forced Allocations will be analyzed, differentiating the Executors from the Trustees and the possibilities of including both the Mercantile Trusts, creating a new figure called the Testamentary Trust. These alternatives seek to find a new impulse to the figure of testamentary planning, which in Ecuador has not found a modern adaptation in order to generate new tools that allow families to leave a legacy and an authentic protection to their families.