23 November, 2021

Quora Answer: What Type of Inheritance Distribution Causes the Least Conflict among Heirs?

The following is my answer to a Quora question: “What type of inheritance distribution contract causes the least fighting among the children of the deceased?

There are no guarantees that the heirs will not fight.  People have their own perspectives and entitlements.  What you should be concerned about is that the disbursement of the estate is unchallenged and according to your wishes.  In that vein, you can choose to use a will or if the estate is substantial enough, you could choose to set up a trust. 

A will is part of the probate process.  Wills should be prepared in advance, leave no ambiguity, and eliminate any uncertainty as to the mental state of the person preparing it.  It should be witnessed by someone, preferably an attorney, and it should be filed with a registrar of wills.  Wills should also be updated regularly to reflect developments in the estate, such as the acquisition of new property. 

Alternatively, if you have an estate large enough to be disbursed across several generations, or if you do not want your heirs to get all of the inheritance in one lump sum and waste it, you set up a trust.  A trust bypasses the probate process since it functions according to the letter of wishes created by the settlor, you, and managed by the trustees.



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