Avoiding shame and scandal in the family

It’s ironic that family wealth, which is supposed to give comfort and convenience to members of families, can also be the source of trouble and conflict. Members of the same household can fight in courts for many years, even decades, while others settle feuds through murder, kidnapping, and bloody encounters. We have seen movies and read novels about members of the same clan or family fighting, destroying each other's reputations, even eliminating each other through force and mass murder, all in the name of money, property, and company ownership.

When the family patriarch dies without a will after marrying twice legally, with so many children in both marriages, there is bound to be great conflict among surviving heirs. The best way that could have been avoided was for the patriarch to have settled his estate after his first wife died.

He should have distributed his properties among his first wife and their common heirs. Then he should have executed an ante-nuptial agreement with his second legal wife to properly segregate his capital from the conjugal properties. The money and property the patriarch brought into the second marriage was his capital. His heirs from the first marriage may still inherit from that portion of his properties.

When the patriarch married again and agreed on a separation of property with the second wife, there should be a clear delineation of properties. Classification One is the husband's capital he brought into the second marriage. Classification Two are those that are acquired by the husband and the second wife.

Classification Three is the exclusive property of the second wife. When the second wife dies ahead of the husband, her properties shall include Classification Three plus her share of Classification Two. Thus, her heirs consisting of the husband and all their common children shall divide the properties in accordance with law.

It’s better for her to have a last will and testament, so that she can give away half of her entire estate to the Red Cross, the Parish Church, her brother, personal physician, or to one of her favored compulsory heirs. Without a will, if the total value of Classification Three and her share of Classification Two is P550 million, less debts of P50 million, the balance of P500 million shall be divided equally among her husband and their four common children, or at P100 million each. But a will of only P250 million shall be divided into five shares or at P50 million each. The P250 million constituting the free portion of her estate could be donated to any charitable institution or to the Gullas Law School, UV, if she desires. He could also give the P250 million to her favorite youngest son, who already received P50 million from the legitime.

There’s no need to create shame or scandal if the property owner settles his or her estate prior to his death. For a peaceful departure, it’s always advisable to avoid conflicts among those left behind.