The trustee’s power of disposition over assets and rights subject to trust substitution

Abstract

The Civil Code imposes on the fiduciary heir the obligation to preserve and transfer to the trustee the assets received from the testator or settlor. This obligation implies, in principle, the prohibition of any act of disposition of said assets, although sometimes liquidity is required to cover other expenses of the inheritance. This raises the question of a collision between an obligation not to dispose, which seems to be part of the essence of the institution, and the need to resolve real problems by delving deeper into the rules and the true will of the testator.