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. 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. When can we make a family deal? An act is a kind of legal document. A family agreement is simply an act that records the distribution of an estate in which the distribution is not in accordance with a will or the laws of the Intestacy. The purpose of the deed is to record the agreed distribution for posterity and to protect the personal representative from a subsequent claim. As noted above, the family agreement gives beneficiaries the flexibility to redistribute the deceased`s estate with the agreement of all beneficiaries.
After all, it is a very useful legal document to avoid litigation and must be for the good of the family. (a) the family agreement must be established in writing and formally executed as an act. But what if the distribution seems unfair, z.B. if a family member has been left out? Or the beneficiaries of the estate do not want to inherit the estate for personal reasons. What can be done to help these people? This is exactly the same procedure that can often be used to care for family members who receive benefits (which would otherwise be lost) or perhaps a member in financial difficulty, whose inheritance would otherwise be lost by creditors or care costs. b) All beneficiaries of the deceased`s estate must give their consent to the redistribution of property under the terms of the facts. 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. To avoid litigation, the 13 children met to discuss what they had all decided to sign the family agreement to otherwise distribute the estate of the deceased and the deceased`s wife.
They all decided and agreed that the estate of the deceased would receive $510,000.00 as payment of their share of the deceased`s estate and that the rest of the deceased`s estate would be divided equally between each of the children.