We help you in the preparation of a family agreement or in independent content. Family arrangements can be used in certain circumstances: this has had a considerable influence on the share of which the two siblings would inherit. After the death of the deceased`s wife, the wife of the deceased 6 children would receive about 3 times more than the 7 children of the deceased of the first marriage, which caused discontent in the family, as the distribution is now uneven. In other words, a family agreement is a formalization of a variant of trust made under the rule in the Saunders/Vautier case. A family agreement (such as an amendment) must be concluded and signed within two years of death, and (if applicable) a copy given to the helmsman. So it`s not something to start at the last minute and expect it to be easy. In some cases, it will be necessary to obtain permission from the Court of Justice to enter into a family agreement, for example. B when beneficiaries under the age of 18 who do not actively benefit from it are affected. Similar problems arise when a recipient is unable to make their own decisions. There are no mandatory requirements for a family agreement. In general, it is unwise to invoke a precedent other than the provision of guidelines. Each family plan is specific to the family or family and the circumstances that motivated the call for a compromise between the parties.

It is important to take into account the use of a family agreement for the „awarding of contracts“ of the legal provisions. The case law seems to distinguish between agreements made in in vivo (during the life of the will maker) and those that were concluded after death. The justification for the Family Protection Act of 1995 and its predecessors is based on the diktat of public order. This underlines the „moral duty“ of a will-maker at the time of death, but it should be stressed that there is also an advantage to the state, that a spouse, for example, is properly cared for and is not homeless and without resources. Sometimes a large inheritance can cause the end of a marriage, because the non-family partner sees a pot of gold and tries to take half of it to start a new life. Or maybe the widow of a family member needs help, but the family wants to prevent her from passing the inheritance on to a new husband. A family agreement may, under the right circumstances, transfer the estate to a trust that can lend money to the widow, interest-free but repayable upon request. She will then be supported by family allowances as long as she is, but she will have to pay it back when she dies, or perhaps, if she gets a new partner, and the repayment will not hurt the grandchildren – who will probably inherit it when the time comes.

In situations where all parties agree to an agreement, family agreements will provide a viable solution, both in a timely manner and at a lower cost. But that`s not the only reason – more and more often, wills are not the same in families. In a more divided society, sometimes some parents, such as the brother or sisters, are not left in the same way, or even people are completely cut off from the will. This leads to conflict and friction. If this has already begun, it cannot be sufficient or advisable to resolve things informally, and a formal act may be recommended. What a family agreement does is change mom`s will to the children, so that (for example) the money could be shared between grandchildren and great-grandchildren. This will avoid increasing potential tax bills if the original heirs, the children, were to die within 7 years. Family agreements can be inter vivo or they can be entered after the death of a will maker or an intestates. The underlying premise is usually a trade-off between the ultimate actual beneficiaries.

Categories: Allgemein