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ARTICLE · 18 SEPTEMBER 2012

Inheritances Of Property For Personal Use: Challenges And Solutions

The death of a loved one is an emotional and painful time for a family.

CanadaFamily and Matrimonial
Alistair Whitehead
Alistair Whitehead
Sharon Duguid
Sharon Duguid

The death of a loved one is an emotional and painful time for a family. Even an expected loss can be very difficult to bear. It is in this difficult context that the family must sort through the will and intentions of the departed. Even in a healthy family the process of dividing the legacy can trigger bitterness, anger, jealousy and resentment, as arguments over the inheritance erupt âÆ' or are suppressed.

These concerns highlight the fact that planning properly for one's legacy can significantly reduce family feuds and flareups, even if contemplating one's own death can be difficult.

Common problems

An individual's intention may seem simple - for example, to divide the assets in their estate equally among their children. However, closer inspection can reveal an array of problems and issues to sift through. It can quickly become evident that "equal" does not always mean "fair." To distribute an asset fairly one must look to more than the value of the property.

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