Recently, there’s been a spate of disturbing reports here at home about siblings fighting over property, usually after a parent dies.
So today we’re going to talk about this disturbing trend and how to avoid it happening in your own family.
Understanding the Issue
There have been several distressing reports in the media about family feuds arising out of property. A woman in Matero discovered that her two brothers were trying to change the names of the property their father left into their names, effectively cutting her out of her inheritance.
In another case, a man was suing his siblings because he had spent time and money renovating a property left to all of them, only to find out that his siblings were trying to sell it behind his back.
In Kabanana, a woman was also suing her brother because he was building his own house on property left to all the siblings.
These conflicts often arise after the death of a parent who did not leave a will. When the wishes of a dead parent are unclear, it leaves the door open to conflict.
Here are six suggestions to help avoid these unfortunate situations in your family.
1. Become familiar with the Intestate Succession Act
When someone dies without a will, they die intestate. The Intestate Succession Act governs this situation, outlining who gets what and in what proportion.
Understanding this Act can help reduce conflicts by providing clear guidelines to your family.
2. Choose the Right Administrator
An administrator is usually chosen soon after the deceased is buried, at a time when the family is still grieving the loss of their loved one. Needless to say, it’s a highly emotional time, however its very important to select someone mature and capable of acting in the best interest of all beneficiaries.
Avoid choosing an administrator based on age or seniority alone. Sometimes, it’s better not to choose a sibling at all.
Agree on someone who will act with integrity and follow the legal provisions.
3. Agree Collectively on a Course of Action
Agree on a way forward as a family. The law may require you to sell a property but there are instances where you decided to keep a property.
Whether you decide to keep or sell a property, make these decisions collectively. If you decide to keep the property; decide who will stay there, how long, and how upkeep costs will be met.
If you decide to lease out the property; agree on who will collect the rent, how it will be distributed and how maintenance and statutory costs will be covered.
4. Hold Regular Meetings with the Administrator
Regular meetings keep everyone updated and ensure transparency, especially for those in the diaspora.
Agree on how often to meet and ensure everyone is informed about the estate’s affairs.
5. Seek Help from the Office of the Administrator General
If conflicts can’t be resolved, the Office of the Administrator General can provide guidance.
This department, under the Ministry of Justice, specializes in the administration of deceased estates and can offer valuable support.
6. Encourage Parents to Leave a Will
Talking about death is difficult, but it’s essential. Encourage your parents to leave a will to ensure their wishes are clear and prevent future conflicts.
Some parents distribute property while they are still alive to avoid conflicts after their death.
Conclusion
It’s heartbreaking when conflicts arise over property left by a deceased parent and we hope these six suggestions will help you to avoid fighting over family property.
Have you encountered such conflicts in your family? How did you deal with them?
Share your experience in the comments, so we can learn from each other. Join our Facebook group for a deeper discussion and more insights on avoiding family conflicts over property by clicking this link https://bit.ly/facebookgroup-ZDC.
Read more: How to Avoid Family Conflicts Over Property
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