10-point personal finance checklist for parents to ensure fair division of wealth among children
Parents should be impartial when it comes to providing for their children. Avoid hassles for your children by acting decisively, fairly and equitably when you bring them up, fund their dreams and aspirations and leave behind your estate for them.
Are parents partial to one child over the other? This question led to a long and heated debate among friends recently. Parents try their best, said those that wanted the argument to end. But the number of instances of partiality that surfaced was staggering.
We might have travelled some distance from the traditional favouritism towards male children in Indian homes. Paternalistic authority is quite alive even in many educated urban homes but women thankfully have increasingly bigger roles to play. What are the personal finance aspects that modern parents must take care of, so they are protected from the accusation of partiality?
First, consider the explicit and unfortunate differences between your children and negotiate with them to help them understand why differential treatment may be justified. A child with a disability or handicap needs more attention; a child with a disadvantage to pursue opportunities for growth might need support; a child that faced unfortunate life events might need different treatments and so on. Siblings resent these differences as kids but grow up to understand why it is so. Keep an open conversation that helps everyone understand the differences and accept them, even if gradually.
Second, as they grow older, the differences between otherwise normal children are even more visible. The bonding as siblings may be strong or weak, but the differences in their successes academically, financially and in life itself might be stark. Make sure that you do not allow the merits of their personal situations to impact your decisions with respect to finances. Spending for one’s education over the other; enabling one’s business over the other; and so on. They should know that they have equal access to the parental funds and support in their upbringing and that their merit or lack of it would not make it different.
Third, do not allow your biases to modify how you spend or support a child. Some parents tend to favour children who live their parents’ dreams. They like compliance and the satisfaction it provides. Others favour the lazier and wayward child over the other justifying it as based on need. Children recognize what is unfair and unjust. Parents are emotional about successes and failures of their children and their biases can sometimes be implicit. They are unaware of their behaviour but the others see and perceive it.
How to make the best use of inheritance money
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The risk profile, preferences, needs and attitudes towards money differ significantly across generations. If the elderly like to keep the capital protected and earn an interest income, even if it is modest, the younger generation that inherits it will have enough time on hand to seek growth out of that money. They may be able to take risks to make it appreciate in value.
A large inheritance enables several financial goals that may be otherwise tough to fund. It also modifies how money will be used and allocated. It would be a pity if these privileges are not enjoyed in one’s lifetime. Here are 5 ways to best use a bequest.
The risk profile, preferences, needs and attitudes towards money differ significantly across generations. If the elderly like to keep the capital protected and earn an interest income, even if it is ..
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This inherited wealth might eliminate your need to buy insurance and pay premiums on it. Insurance is a protection that is purchased to reinstate the wealth of the family, in case of emergencies and unexpected events that may upset the health and wealth of a household. The computation of the required amount of insurance to buy, will consider the wealth needed to generate an income that can stabilise the household, should there be a loss of income. Your having a large bequest serves this very purpose without the burden of costly insurance premiums.
This inherited wealth might eliminate your need to buy insurance and pay premiums on it. Insurance is a protection that is purchased to reinstate the wealth of the family, in case of emergencies and ..
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Many struggle with the decision about how much to spend and how much to save for the future. The bequest can well be used to fund the much-needed corpus for life goals such as higher education and retirement. The household can enjoy its current wealth without the fear about the future goals or about unexpected large expenses. The freedom this provides might be very valuable. The availability of a hoard of wealth makes it easier to spend, and enjoy the current income without sacrificing long term interests.
Many struggle with the decision about how much to spend and how much to save for the future. The bequest can well be used to fund the much-needed corpus for life goals such as higher education and re..
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Long-term wealth creation typically demands setting aside small amounts of money annually, which eventually grow into a large corpus. This happens provided you don't withdraw, even in case of emergencies, so as to avoid denting the corpus. Re-building it from scratch to reach the earlier levels is a challenge using the current income streams alone. A bequest is large from day one. It earns a return on the entire invested corpus and therefore has the resilience to take withdrawals easily. It also enables funding multiple goals without a compromise and the money that remains after a drawing continues to be deployed gainfully. The benefit of a large sum invested over the long term is far superior to that of a gradually accumulating corpus.
Long-term wealth creation typically demands setting aside small amounts of money annually, which eventually grow into a large corpus. This happens provided you don't withdraw, even in case of emergen..
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A bequest enables taking a long-term view of financial decisions without worrying about strategic tactics and timing. Such orientation that helps build wealth over time is easily applied when a large bequest that need not be accessed immediately is available for allocation. The division between growth, income and liquidity is easier and it is possible to view this corpus as different from the routine income that flows into the household.
A bequest enables taking a long-term view of financial decisions without worrying about strategic tactics and timing. Such orientation that helps build wealth over time is easily applied when a large..
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A bequest enables funding of projects that may not otherwise receive funding or attention. For example, if the inheritor nurtures the dream for entrepreneurship, and wants to begin a new business, the bequest is available to fund the initial capital. It is also possible to raise loans using the equity provided by the bequest. The flexibility of funding with own or borrowed capital helps with the structuring and shaping of the new business
A bequest enables funding of projects that may not otherwise receive funding or attention. For example, if the inheritor nurtures the dream for entrepreneurship, and wants to begin a new business, th..
Fourth, do not treat the expenses as investments. Some parents are guilty of spending on the child whom they believe will take care of them. The bias towards boys over girls happens in that context even if evidence shows that parents with girl children have a better chance at being cared for in old age. Backing the successful child overtly over the other average performer; bias towards the child that is more obedient than defiant were all arguments heavily vocalised in our discussion. Treating their own finances and well-being as independent from the future financial lives of their children is a welcome modern trend that keeps parents from going overboard. Fifth, use simple tools such as percentage nominations in investments to divide your estate equitably among children. In an anecdote that drew laughter, one pointed out how a father divided his investments equally among his two sons. They found out after his death that the appreciation in one portfolio was dramatically different from the other. They were equal investments, but managed to perform very differently. Much like the children themselves!
Sixth, do not own properties jointly with children and leave it behind to the joint owner to the disadvantage of the other child who is not a part owner of the property. Resort to a more formal system like a Will to indicate how your assets will be divided amongst the children after your time. If you have multiple immovable assets with differential valuations, do not treat them equally because it is easy and convenient to do so. Seventh, make sure you have listed your financial assets, including insurance, and have kept the paperwork available for your children to inspect when you are gone. Even if you did not have a Will, nominations will help divide the assets. Financial assets are typically easy to value, access, divide or liquidate as required.
Eighth, do not extend your partial attention to the grandchildren. Grandparents melt in fondness when it comes to their grandkids and go overboard in trying to bestow attention, love, care and in many cases gifts and monetary benefits on them. Keep in mind that your responsibility can only extend to your own children and overarching to the next generation can create inequity. You will also step on the parental authority your children and their spouses have over their children. Allow them to make the decisions for their child; you have already made yours.
Ninth, do not use gifts as a route to distribute your wealth to your children. Gifts are irrevocable distributions. They are also unconditional. You may not expect your child to care for your spouse because you gifted the house to them, for example. Keep gifts equally divided amongst children and within reasonable limits that your wealth may permit.
Inheritance and legal estate rights of five categories of children
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In and post the brutal second wave of Covid-19, several people lost multiple family members. In some cases, minor children lost both parents at an untimely age. Since most of the deceased would not have anticipated this, chances are high that they would not have prepared a will. So what happens to their inheritance and the children left behind? Alternatively, what if the parents are divorced or the child is adopted? Here are the inheritance rights of such kids.
In and post the brutal second wave of Covid-19, several people lost multiple family members. In some cases, minor children lost both parents at an untimely age. Since most of the deceased would not h..
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According to the Indian Succession Act, 1956, and the Indian Succession (Amendment) Act, 2005, children- boys or girls, have a right to the father’s ancestral property by birth. The parents’ self-acquired property can be given to anyone they want through a written will. However, if they die intestate, I.e. without a will, the children being Class I heirs have a first right to their property. If, on the other hand, the children are minors, they do own the property but cannot legally manage it. In this case, a legal guardian, or one appointed by the court, has to file a petition in court to manage the property on behalf of the minor child till such time that the child becomes an adult.
According to the Indian Succession Act, 1956, and the Indian Succession (Amendment) Act, 2005, children- boys or girls, have a right to the father’s ancestral property by birth. The parents’ self-acq..
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If the parents are divorced, the children still have a legal right to their property. The normal succession laws as per one’s religion apply in such cases. So the child has a right over the ancestral property, and in case of a self-acquired property, if the father dies intestate, he has the first right over it since he is a Class I heir. Of course, if the property is self-acquired, the father can give it to anyone he wants during his lifetime via a written ill.
If the parents are divorced, the children still have a legal right to their property. The normal succession laws as per one’s religion apply in such cases. So the child has a right over the ancestral..
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Adopted kids have the same inheritance rights as the biological kids and are entitled to a share in their adoptive parents’ property. So if the adoptive parent passes away intestate, the adopted child can stake the same claim to property as the biological child. However, according to the Hindu Adoptions and Maintenance Act, 1956, after adoption, the child loses the right to stake a claim in the property of his/her own biological parents or in the associated coparcenary property. But if the biological parents want to voluntarily leave such property or a share in it to the child, they can do so.
Adopted kids have the same inheritance rights as the biological kids and are entitled to a share in their adoptive parents’ property. So if the adoptive parent passes away intestate, the adopted chil..
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Live-in relationships have not been granted any legal status or acceptance under the Hindu Succession Act, Islamic Law or the Christian Personal Law. However, according to the Supreme Court ruling of 2008, a child born to a couple in a live-in relationship would have the same right of inheritance as a legal heir. A subsequent Supreme Court ruling of 2015 declared that an unmarried couple that has been living together for a long time can be considered married. Hence, offspring of such a couple will have the right to his/her father’s self-acquired property under Section 16 of the Hindu Marriage Act, 1955.
Live-in relationships have not been granted any legal status or acceptance under the Hindu Succession Act, Islamic Law or the Christian Personal Law. However, according to the Supreme Court ruling of..
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The inheritance rights of illegitimate children are governed by Section 16 (3) of the Hindu Marriage Act, 1955, which states that ‘such children are only entitled to the property of their parents and not of any other relation’. This implies that an illegitimate child would only have the right to his father’s self-acquired property, not his ancestral property. However, according to a Supreme Court ruling in 2011, children born out of wedlock have the right to stake a claim to their father’s self-acquired property as well as ancestral property. Despite this ruling, uncertainty and confusion still linger around the status of rights of illegitimate children in ancestral property.
The inheritance rights of illegitimate children are governed by Section 16 (3) of the Hindu Marriage Act, 1955, which states that ‘such children are only entitled to the property of their parents and..
Tenth, do not confirm the children’s doubts by telling them you care for one over the other even if you do. Also don’t take their word for cordiality at face value. Assume the worst when you divide the assets, as nothing is lost if they are indeed amicable all their lives. Their relationship may be tested by life in ways you won’t imagine.
The courts of the land are filled with cases of quarreling siblings who believe they didn't get a fair share of the parental care, attention and wealth. Avoid that hassle for your children by acting decisively, fairly and equitably when you bring them up, fund their dreams and aspirations and leave behind your estate for them.
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Your children just have a set of common parents. They are different individuals whose paths branch off at every stage of their lives. Their education, their jobs, their spouses, their children are all points of distance and difference in their lives. Add to it their own preferences, choices, decisions and attitudes and they're bound to face differential outcomes in life. It is not the job of the parent to struggle to even these differences out. They won’t go away. Nor can they be made good with money. Being impartial, fair and equitable is a challenge and prime yourself up for it. Good luck.
(The writer is Chairperson, Centre for Investment Education and Learning.)
(Disclaimer: The opinions expressed in this column are that of the writer. The facts and opinions expressed here do not reflect the views of www.economictimes.com.)