Abstract The legal institution of trusts was introduced to the Hungarian legal system in 2014, following the example of the ‘trust’ known in Anglo-Saxon legal systems. The Hungarian regulation of trusts established by a testament which is based on the testamentary trust well known in Anglo-Saxon law, raises a number of questions. The main reason for this is that the application of trusts created by wills must take into consideration both the rules of the law of obligations and the rules of the law of succession. As a result of this regulatory dissonance, the legal interests that the law seeks to protect may come into conflict, such as the priority of the beneficiary’s interests and the primacy of the testator’s presumed will (‘favor testamenti’). This can lead to a number of uncertainties in practical application, which we will reflect on in this article.
Péter et al. (Mon,) studied this question.