Disclosure Statement: Durand Financial Services Pty Ltd and its advisers are authorised representatives of Fortnum Private Wealth Ltd ABN 54 139 889 535 AFSL 357306. General Advice Warning: The information contained within this website does not consider your personal circumstances and is of a general nature only. You should not act on it without first obtaining professional financial advice specific to your circumstances.
Estate planning is a crucial but often challenging aspect of managing familial wealth and assets, particularly as parents age. The process involves making decisions about how to allocate assets such as businesses and property among siblings, which can be complicated by differing perspectives and emotional attachments.
Given these complexities, seeking legal advice is not just beneficial but essential to ensure that the process is handled fairly and in accordance with the law.
The primary focus of estate planning should always be the comfort and wishes of the aging parent. It is their legacy that is being decided, and their preferences should guide the planning process. However, emotions can run high during these discussions, as siblings may have varying degrees of attachment, need, or expectation regarding the estate. This is especially true when a family business is involved, as decisions about succession or division can significantly impact the business’s future viability.
Legal advisors specialise in navigating these sensitive situations, offering an objective perspective that is grounded in legal expertise. They ensure that all parties understand the legal implications of any proposed estate plan, including tax considerations, governance of family businesses, and equitable asset distribution. This is crucial not only to avoid potential legal disputes but also to ensure that the plan adheres to local laws and estate planning norms.
Moreover, lawyers can facilitate open, honest, and respectful communication among family members. They serve as neutral mediators who can help clarify misunderstandings and guide the family toward a consensus or a fair compromise. By setting a formal yet supportive tone for discussions, legal advisors can help prevent the conversations from becoming emotionally charged and confrontational, which is vital in preserving family relationships during and after the estate planning process.
Timely legal advice can also prevent potential conflicts from escalating into full-blown disputes. Proactively addressing issues such as the division of property or the management of a family business before they become contentious can save families from costly and emotionally taxing legal battles in the future. An experienced estate lawyer will provide critical advice on how to structure the estate plan to accommodate both the parent’s wishes and the siblings’ circumstances and expectations.
In conclusion, while estate planning can be a difficult and emotionally charged process, particularly when a family business and significant assets are involved, the guidance of a skilled legal advisor is indispensable. Their expertise not only ensures that the estate plan is legally sound and fair but also helps maintain family harmony by fostering constructive dialogue and addressing potential issues proactively.
This combination of legal insight and facilitated communication can lead to positive outcomes that respect the aging parent’s wishes and provide peace of mind to all parties involved.
If this article has inspired you to think about your own unique situation and, more importantly, what you and your family are going through right now, please contact your advice professional.
This information does not take into account the objectives, financial situation or needs of any person. Before making a decision, you should consider whether it is appropriate in light of your particular objectives, financial situation or needs.
(Feedsy Exclusive)
