Preserving family peace - preventing inheritance disputes between children

Parents want their children to have a good relationship with each other even after their own death. Nevertheless, many probate proceedings end in family disputes - often even in court.

However, with forward planning, parents can do a lot to ensure that their estate does not become a family ordeal. Below we give you an overview of legal and practical measures to prevent inheritance disputes between siblings.

Clearly regulate testamentary dispositions

A clearly formulated last will and testament is the most important step in avoiding later conflicts. It is crucial that the content of the will is clear and unambiguous - because ambiguities harbor considerable potential for disputes.

If there is no will, the statutory succession with fixed quotas applies - this also often leads to misunderstandings and disputes between relatives. By making a last will and testament, parents can specify exactly who should receive what and separate the children's assets to prevent conflicts.

Considering and fulfilling compulsory portion rights

The right to a compulsory portion guarantees close relatives (= the descendants and the spouse) a minimum share of the inheritance. As a rule, a child cannot therefore be completely disinherited, but is entitled to half of their statutory share of the inheritance as a compulsory portion. This claim is purely a monetary claim that becomes due one year after the death of the testator. Even if a child is not included in the will, they can still claim this statutory minimum share. Disinheritance or reduction of the compulsory portion is only possible under certain conditions.

What that means in practice:

• Include mandatory parts: If you want to consider your children differently - for example, because one of them already received more support during your lifetime - you should still ensure that each descendant entitled to a compulsory portion receives their minimum entitlement. Otherwise, there is a risk of legal disputes - a frequent cause of conflict between siblings. It is better to create a balance in advance or agree a voluntary waiver (see next point).
• Ensure liquidity: As mandatory inheritance claims must be paid out in cash, sufficient liquidity must be available. If, for example, one child inherits the family property and the others are to receive the compulsory portion, appropriate reserves or, for example, a life insurance policy are required. Otherwise, there is a risk of the property being sold against the testator's actual wishes - which in turn creates new conflicts. You should therefore plan early on how your estate can fulfill mandatory inheritance claims without disputes - for example, through clear division instructions or liquid assets.

Voluntary waiver of compulsory portion as conflict prevention

An effective way of avoiding later claims is for individual children to waive their compulsory portion. This involves a descendant entitled to a compulsory portion declaring that they waive their statutory compulsory portion - often in return for a settlement or gift during their lifetime. For example, if a child takes over the parental business or property and waives further inheritance claims in return.

Important points:

• Notarial deed required: The waiver of the compulsory portion must be notarized (notarial deed or court record). Without this form, the waiver is invalid. It is a binding contract that can only be amended by mutual agreement.
   
• Scope of the waiver: Although the waiving party loses the right to their compulsory portion, they can still be appointed as an heir. As a rule, the waiver also applies to the child's descendants - unless otherwise agreed. This prevents later claims via this "detour".
   
• Voluntariness: No parent can force their child to waive a compulsory portion. The child must agree voluntarily and usually receives something in return.

Making sensible use of gifts during your lifetime

Many parents would like to make a gift to their children during their lifetime - for the joy of giving or to avoid disputes later on. Such gifts - whether donations or anticipated inheritance - can help to regulate the later distribution of assets and defuse potential conflicts.

However, the right to a compulsory portion must always be observed - gifts made during your lifetime are also taken into account in the calculation.

Open communication & additional precautions

In addition to legal measures, interpersonal aspects also play a major role. Behind many inheritance disputes are hurt feelings or unfulfilled expectations. That's why openness is crucial: talk to your children about your estate plans at an early stage - openly and transparently. A joint discussion about your ideas, values and wishes can clear up misunderstandings and ensure unity during your lifetime. Explain why certain arrangements are important to you. Understanding your motives often takes the emotional pressure out of the topic of inheritance.

Make sure that the estate is managed professionally. This creates trust and takes the pressure off your children at an already emotionally stressful time.

Conclusion

Inheritance disputes are not an inevitable fate. With thoughtful planning, parents can do a lot to preserve family peace. Whether through a clear will, well-considered gifts, waivers of compulsory portions or open discussions - the more transparent and structured the approach, the lower the potential for conflict.

Every family is different - there are no one-size-fits-all solutions. However, those who approach the topic of inheritance proactively and in good time will create clarity and prevent misunderstandings. If necessary, seek professional advice to make the best possible use of all the options.

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