Inheritances are usually one of the most common reasons for family disputes. In addition to the possible additional expenses that a standard and poorly planned will can cause for those who receive such an inheritance, it can also cause conflicts between those who do not agree with the amount they will receive. Therefore, what lawyers and economists usually recommend is create a personalized text that does not give rise to discussions.
David Jimenez is one of the Spanish lawyers specialized in issues related to inheritances, taxes and real estate sales. In addition, he usually uploads videos on his social networks to advise and prevent his followers from making some of the most common mistakes regarding inheritances. Among these errors, one of the ones that generate the most family conflicts is the preparation of a standard will, although can be easily avoided.
The simplest solution is to write “a personalized will adding clauses that anticipate and avoid that conflict“, he explained. In this way, not only will it prevent future heirs from having to face financial expenses for not having foreseen this type of inconvenience, but it will also include sections that specify How to handle any type of problem or dispute that may arise between them.
“Clauses with conflict resolution methods” must be added to wills.
These types of wills are especially useful in those families with conflictive members or who tend to be dissatisfied with general decision-making. As the lawyer explains, one of the most common examples that occurs among his clients is when two parents are going to write their will in favor of his three childrenbut they know that one of them can cause complications during the delivery.
“For example, I have three children and I think one of them can cause conflict; It makes a lot of sense for me to plan my will.plan my inheritance to avoid or minimize this conflict,” he said. To do this, the most recommended thing is to add “clauses with conflict resolution methods, distribute the inheritance, specify exactly how you want to distribute your assets“.
Although many people normally choose go to a notary for the drafting of your will, the truth is that this does not have the ability to analyze the situation of the family economy and determine the possible conflicts that may arise as a result of its distribution. In addition, does not usually take into account the possible consequences that this document may have in the future, such as expenses, disputes or complications.
Some of the clauses that jurists can include to avoid conflicts over inheritance
For all these reasons, what lawyers usually recommend is Go to an expert lawyer in economics and inheritances that takes into account all legal and monetary aspects, both at the time of distribution and in the event that you want to sell the properties or inherited assets. Well, instead of using standard models, they usually modify and customize documents depending on the characteristics and needs of its clients.
Among the most common provisions that attorneys typically include in their clients’ personalized wills are: non-challenge clauses with penaltywhose objective is to prevent the heir from carrying out certain behaviors or questioning the terms of the inheritance; and the temporary indivision clauseswhich oblige heirs not to divide or sell certain common assets for an established period of time.
Likewise, you can add a clause that gives the executor certain powers beyond what is established by law, with the objective of managing and disposing of the assets without the unanimous consent of the heirs. Although it is more common to include clauses related to use and enjoyment of real estate and others that balance cross compensation between heirs.
Both to clarify doubts and to deal with this type of issues, the most recommended, both by David Jiménez and the rest of the lawyers in the sector, is go before a specialized lawyer that allows the preparation of a will that adapts to both the present and future situation of the family unit. Something that will not only avoid conflicts between heirs, but also It will save them from having to go through long processes and expensive to be able to use or sell the properties and assets received.