“The best inheritance a parent can give to his children is a few minutes of their time each day.”
– M. Grundler, Author
By Realttorney®
Inheritance is often viewed as a means of passing on wealth and assets to the next generation, providing financial security and stability for future generations. However, what should be a straightforward process can sometimes turn into a contentious and emotionally charged situation, with families engaging in bitter disputes over inheritance.
Inheritance disputes can arise for various reasons, and they can have a profound impact on family relationships and financial well-being. In this article, we will explore the complexities of why families fight over inheritance and provide insights into how such disputes can be prevented or resolved.
The Emotional Dynamics of Inheritance
Inheritance disputes are not just about money and assets. They often involve complex and deep-seated emotional dynamics that can intensify conflicts among family members. When a loved one passes away, the grieving process can be overwhelming, and emotions can run high, which stresses the relationship and cause a rift.
The distribution of inheritance can bring up deep-seated emotions, such as feelings of entitlement, jealousy, resentment, and betrayal, which can ignite conflicts among family members. Additionally, unresolved family issues, past grievances, and long-standing sibling rivalries can resurface during the estate settlement process, further exacerbating tensions.
Family members may also have different perceptions of what is fair and equitable when it comes to inheritance. Some may feel entitled to a larger share of the estate based on their contributions or sacrifices, while others may believe that the estate should be divided equally among all heirs. These differing views can lead to disagreements and disputes, as each family member may have their own perspective on what is fair and just. A case in point here is the settlement of the estate of the late Ricardo Yanson, Sr., former head of the biggest transportation company in the Philippines.
Inheritance can also be tied to family dynamics and expectations. For example, if a parent promised a certain heirloom or piece of property to one family member but did not explicitly include it in the estate plan, it can lead to disputes and disagreements among heirs. Unmet expectations and unfulfilled promises can create disappointment, frustration, and tension within the family, and may ultimately result in legal battles over the inheritance.
Financial Considerations and Unequal Distribution
Another common reason for inheritance disputes is financial considerations and the unequal distribution of assets. In some cases, a family member may be designated as the executor or trustee of the estate, responsible for distributing the assets according to the terms of the estate plan. However, conflicts can arise if there are discrepancies in the distribution or if the executor or trustee is perceived to be favoring one beneficiary over others.
Unequal distribution of assets can also occur when there are blended families, with stepchildren or step-siblings involved. In such cases, disputes may arise over how assets are divided among biological children and stepchildren, especially if there are different levels of closeness or relationship dynamics among the siblings. If one is part of a blended family then it is a must that he or she create an estate plan that will ensure family unity after the decedent passes away.
Complex family structures, such as second marriages, or families with children from different relationships, can further complicate the distribution of assets and increase the likelihood of inheritance disputes. Moreover, different interpretations of the decedent’s wishes, unclear or ambiguous estate planning documents, or inadequate communication about the estate plan can all contribute to conflicts among family members.
Lack of Estate Planning or Inadequate Estate Plan
Another common factor that can lead to inheritance disputes is the absence of estate planning or an inadequate estate plan. In some cases, individuals may pass away intestate (or without a will) or other estate planning documents, leaving their assets to be distributed according to the Law on Intestate Succession under the New Civil Code of the Philippines. Most of the time, the provisions of the Civil Code may not align with the deceased’s wishes or the expectations of the heirs, leading to disputes over asset distribution.
In addition, even when an estate plan is in place, it may not be comprehensive or up to date, leading to potential ambiguities or omissions that can trigger conflicts among family members. For example, outdated beneficiary designations, lack of clarity in the distribution of specific assets, or failure to consider all potential scenarios can all contribute to disputes over inheritance. Take note, inadequate estate planning can leave room for interpretation and misunderstanding, leading to conflicts among family members who may have different interpretations of the deceased’s wishes or intentions.
Legal and Financial Complexities
Inheritance disputes can also arise due to legal and financial complexities. Probate is a court process that involves the validation and administration of a testator’s will. Meanwhile, judicial settlement of estate happens when a person dies intestate or without executing a will. Both can be complex and time-consuming especially when numerous legal heirs of the estate are not in agreement as to the distribution of the remaining assets after payment of all debts and liabilities.
These court proceedings involve various legal requirements, such as filing documents with the court, paying off debts and taxes, and distributing assets according to the will or the law on intestacy. Disputes can, and almost always, arise during this process, such as challenges to the validity of the will, allegations of undue influence or fraud, or disputes over the provisions of the will and the clear intentions of the testator.
Moreover, high-value assets, such as real estate, investments, or business interests, can add further complexity to the estate settlement process. Valuation of such assets may be subjective and can be a source of disagreement among family members. In addition, disputes may arise over how these assets are to be managed or distributed, particularly if there are disagreements on their worth or the terms of their transfer.
In some cases, family members may also have different financial needs or expectations from the inheritance. For example, some heirs may be in need of immediate cash for financial obligations, while others may prefer to keep the assets for the long term. These differing financial interests and priorities can create conflicts among family members and contribute to inheritance disputes, as it often does.
Breakdown of Communication and Trust
The breakdown of communication and trust can be another significant factor that leads to inheritance disputes. Communication is crucial in estate planning to ensure that family members have a clear understanding of the deceased’s wishes and intentions.
However, if communication is lacking or inadequate, misunderstandings can and will arise, and family members may feel left out or excluded from the decision-making process. This can create a sense of mistrust and resentment, leading to disputes over inheritance.
In some cases, communication breakdown may also be due to family dynamics, such as strained relationships, lack of open communication, or unresolved conflicts from the past. These underlying issues can resurface during the estate settlement process and may impact the ability of family members to communicate effectively and resolve disputes amicably.
Legal battles and disputes over inheritance can further strain family relationships and erode trust among family members. The emotional toll of litigation, the cost of legal fees, and the public nature of court proceedings can create lasting rifts within the family and may result in severed relationships that are difficult to repair.
Again, the case of the estate of the late Ricardo Yanson, Sr. is a great and shining example of how a poorly planned or lack of a comprehensive estate plan can lead to strained family relationships and deep resentment between siblings and the surviving parent. Harsh words have been exchanged publicly and smear campaigns on both sides went on for months on end.
How to Prevent or Resolve Inheritance Disputes
While inheritance disputes can be complex and challenging, there are steps that families can take to prevent or resolve them.
Comprehensive Estate Planning: Having a comprehensive estate plan in place can minimize the likelihood of disputes over inheritance. This includes having a valid and up-to-date pour-over will, an irrevocable living trust, and other estate planning documents that clearly outline the deceased’s wishes and intentions. It is crucial to work with an experienced estate planning attorney to ensure that the estate plan is legally sound and addresses all relevant aspects, including asset distribution, the appointment of executors or trustees, and contingency plans for different scenarios.
Clear Communication: Open and transparent communication among family members is key to preventing misunderstandings and disputes over inheritance. The estate planner must be open to this idea of talking about his or her mortality. It is important to have open conversations about estate planning, clarify the deceased’s intentions, and address any concerns or expectations that family members may have. This can help to build trust, minimize misinterpretations, and ensure that everyone is on the same page.
Fair Distribution: Fair and equitable distribution of assets can also help to prevent disputes over inheritance. But, remember, fair does not mean equal. It is important to consider the needs and expectations of all heirs and strive for an equitable distribution that takes into account the contributions, sacrifices, and circumstances of each family member.
This may involve seeking professional advice on asset valuation, setting up an irrevocable trust, and securing life insurance policies for other heirs in order to somehow “equalize” the distribution of the estate to the heirs.
If you want to learn more about how life insurance serves as an estate planning tool, you can click on this link to read the article — Securing Your Legacy.
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Atty. Jojo is a real estate attorney, an estate planning attorney, a licensed real estate broker, and a PRC-accredited Lecturer/ Speaker for Training Programs in Real Estate. He is a Chartered Trust and Estate Planning (CTEP®) professional who is committed to educating Filipinos about the value and importance of having an estate plan in their lives.
Realttorney® 