Estate mediation
Succession planning and the settlement and distribution of an estate after death are very complex matters. Not only can estates be a legal tangle, but family relationships, emotions that are present and feelings of (in)justice that come into play must also be taken into account.
A mediator, as an independent and neutral third party, can therefore be the perfect person, both in the context of estate planning (succession planning) and in the settlement of the estate (liquidation and distribution after death), to guide those involved in seeking solutions to issues they wish to see settled or resolved in the context of the estate.
Mediation in the planning of an estate
Since the reform of inheritance law, it has been possible to conclude inheritance agreements under certain conditions. This allows parents to sit down with their children to settle their inheritance.
There are several circumstances in which it is appropriate not to postpone the conversation about the distribution of family assets until after death. For example, parents with an indigent or disabled child often wish to leave that child more assets than their other children. Sometimes parents want the shares in a family business to go only to the children involved in the business. It may also happen that parents believe that the family home should belong to a particular child and so on.
For many, however, having such conversations is not natural. Underlying family issues, old frustrations and emotions can soon rear their heads.
Enabling a experienced mediator may therefore make sense.
The mediator will try to get all involved to listen with empathy and talk out disagreements to reach a settlement acceptable to all.
Often, the fact that the necessary arrangements were made provides peace of mind. In addition, a good settlement can prevent future conflicts and strengthen family relationships.
Mediating the settlement of an estate after death
The death of a loved one is often a profound event. In addition to processing the death, it is common for the settlement of an estate to lead to tensions or even arguments within the family.
In such conflicts, emotions play an important role. For example, it is necessary to say goodbye to the parental home, divide the household contents and so on and so forth.
In addition, the importance of family relationships should not be underestimated. After all, the death of a family member causes old dormant frustrations to resurface. This sometimes gives rise to heated discussions between siblings. Consider, for example, the situation where one child cared for mother or father until the last moment and the other child was only sporadically present, or the situation where the child who cared for the parent awarded himself compensations during that parent's lifetime and the other child believes this leads to injustices.
Once the interrelationships are disrupted, the settlement of the estate will be more difficult and therefore, in many cases, delayed.
As inheritance specialists, however, we regularly hear that a llengthy procedure is an obstacle in the grieving process.
However, if all involved can reach agreements, this will not only be able to facilitate the grieving process, but also increase the chances of a harmonious future.
An experienced mediator can guide heirs to reach solutions that can be accepted by all of them. The mediator will try to find out what interests and needs are involved, gives space to emotions and feelings but is equally attentive to the legal and financial aspects. If the parties have reached a settlement, the mediator will include this in an agreement.
Would you like more information about mediation? Please feel free to contact our experienced mediators at info@bannister.be or at 03/369.28.00. Our team is always ready to help you further.
