39 of 50

Write now Article Tools

Page 5 of 5

of the rationale behind the distributions. Benefactors who want to wait and allow the will to be the instrument of distribution after their parting, still carry a responsibility to clarify as concisely as possible there intentions within their will. For example, for a Benefactor to say "We hereby give, devise and bequeath title to our home and property in fee simple to our youngest son John Doe" will potentially have a much different effect upon the family then the following; "given the fact that our youngest Son John Doe has dedicated his life to taking care of our home and property over the last several years, and has invested much of his time and effort into its maintenance, we hereby give, devise and bequeath title to our home and property in fee simple to our youngest son John Doe. We acknowledge the value of the home and property and desire our other children to know that we love them all the same and so have made provision for equivalent values to be given to them, only in other forms." The explanation within the will can do much to assuage any anger or feelings of unfairness. This technique could also prove valuable in the distribution of sentimental items within the home. Rather then just listing who gets what, a short rationale should be given with each distribution along with reassurances of the love the Benefactor feels for all the beneficiaries. Along those lines, and in keeping with the above advice it is generally not a good idea to keep a will or its distributions secret. I have heard of many Benefactors who actually wanted to keep the will secret because they wanted to avoid contention while they were still living. Such an attitude hints that the Benefactors recognize some inequity in their distributions. To act in such a way is in actuality a self-fulfilling prophecy as it increases the likelihood that the perceived battle will indeed take place once the will is executed. Benefactors have a responsibility to work while still living to overcome potential challenges or conflicts. Even if they do not care about disunity in the family, they still have a fiscal responsibility to attempt to set up the distribution in such a way as to avoid contention. That is because it is a truism, that any contention at the distribution, which could lead to legal challenges to the will, will not just divide the family and cause deep rifts, but will also decrease the value of the estate, running up huge legal fees and court costs. There are instances of entire estates being depleted by legal battles, so that in the end the Benefactors intentions are lost, since the remaining funds are far too few to distribute as intended. Lawyers truly are the only winners in contested wills.

A little forethought and planning, some preemptive actions by the Benefactors, truly can do much to reduce the likelihood of family wars and disunity arising from the settlement of the estate. Thoughtful and earnest actions before death can help to keep the vulture in each potential beneficiary at bay, allowing the love and compassion intended within families to flourish, even through the stressful times of death of parents or loved ones and the distribution of their property.

Learn more about this author, D. Keith Shurtleff.
Click here to send this author comments or questions.

• << previous page
• 1
• 2
• 3
• 4
• 5

Add your voice

Know something about Ways for siblings to divide an inheritance?
We want to hear your view. Write now!