Equal treatment, openness and transparency or abuse of power and humiliation? How would you like to be remembered?
The more options, the greater the challenge and responsibility
The revised inheritance law will give you more discretionary powers. This also increases the challenge of finding sensible solutions. Invest in a consultation and family peace.
Extreme solutions create problems and often strife. Wealth as an instrument of power to teach a lesson posthumously is destructive. Unequal treatment of descendants can lead to disagreement, grievance, and dispute.
Equal treament of children
Equal treatment of children has to do with recognition and appreciation. Valid reasons for preference must be communicated during lifetime so that everyone is prepared. Transparency helps to create trust.
Aggressive estate planning, increased risk of contestation
“Aggressive” estate planning increases the risk of contestation. Transfer or abstraction of assets for the purpose of circumventing the restraints on disposal, cash gifts, mixed gifts, advantageous contracts, and the granting of non-interest-bearing loans can lead to discussions and lawsuits.
Timing of the wealth transfer, framework conditions
When should a transfer of assets take place? Have your children all received equal financial “grants”? Have you already made any dispositions that amount to unequal treatment? Do you plan to make further dispositions? Are there any neutral valuations? Or have you set the “purchase price” too low? Are you leaving behind any cheated heirs to the compulsory portion?
Family ties
Preserve peace between generations today and consult a professional. Keep your family together, with open discussions, respect, appreciation, and goodwill. That way, your heirs will be grateful and remember you fondly.