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Solving The Inheritance Conflict Problem

Every year, around 400 billion euros are expected to be inherited or donated in Germany, estimates the Hans-Böckler Foundation, the research and study funding agency of the German Union of Trade Unions. The question of how to transfer the wealth of the elderly to the younger generation has a lot of conflicting potential. Often, it is not just about money but about conflicts that originate in early childhood.
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From a psychological point of view, an inheritance is a systemic intervention: due to the property that is passed on, unresolved conflicts between the heirs can resume. In the following three situations, inconveniences may occur.

The Testament as an inviolable Will

The testator ought to stay away from this situation. Otherwise, their heirs may be able to fight after his or her death. Such behaviour first and foremost shows that something is wrong in the relationship between generations.

When an unknown will is opened, a situation arises for those affected that they can no longer solve with the testator. Children frequently feel that the will’s author has treated them unfairly. In retrospect, it often turns out that the legal succession might even have been more appropriate than the succession arrangement of a bad will.

However, whether there is a will or not, the best solution for all heirs is to talk to the co-heirs in advance. And everyone should be prepared to give up hope. Otherwise, you end up with months or years of expensive legal litigation.

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The Testators explain their Decision

In this case, the testators seek a conversation with the next generation or subsequent generations. In order to avoid mistakes that cause unnecessary quarrels, parents should first consult with a lawyer or tax adviser, especially when the property cannot be easily divided. Those who intend to donate some of their wealth should also not forget their own pension. It is usually not possible to cancel a donation without serious reasons.

When it comes to “wrong” distribution, testators should clearly state their reasons why one child gets less than another. A conscious decision and clarity in communication are necessary in order for the message to arrive correctly. Despite the difference between testators and heirs, it is important for everyone to feel that here responsible adults are talking to each other, not parents with their young children.

The Initiative comes from the Heirs

It is not necessarily a happy solution if the heirs take the initiative. The proposals on how something is distributed should, in any case, come from the testators. It is a matter of respect, even if the children are very knowledgeable in financial or legal matters. In the end, it must be clear that the testators decided without pressure. Often, you get advice from an outsider while you’re still alive, and the will is drawn up by a lawyer or an attorney.

It is also legitimate, however, to deal with the consequences of legal inheritance and not deliberately make a will, even though the family expects this and exercises pressure on the testator.

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