Fair is not always equal
Why equal and fair are different decisions
The same appraised value may give children different cash, risk, control and waiting periods.
Working principle
Fairness is discussed in layers: value, liquidity, control, risk and timing of receipt.
Two equally valued assets may not be equal
An interest in an operating business requires management, may be illiquid and carries entrepreneurial risk. A cash portfolio is more accessible, while a home may be subject to a partner’s right and ongoing costs. The same number does not create the same outcome.
If one child works in the BV, that role can be separated from the economic interest. The family can discuss remuneration, voting, liquidity and equalisation instead of simply transferring identical percentages.
The family decision comes before the document
The notary can implement the chosen route, but should not have to guess what the family regards as fair. The family needs answers about partner protection, children’s readiness, earlier support, timing of receipt and acceptable restrictions.
A Family Objectives Brief does not fix the final structure. It makes the trade-offs visible and gives specialists a precise instruction.
Signals
Review this if you recognise your system
- the family discusses only percentages
- one child receives the business while another receives a promise of future equalisation
- the partner and children understand access to the home and income differently
Next actions
Three steps before choosing a document
- 01describe the intended outcome for each person
- 02compare cash, control, risk and timing
- 03record the questions before meeting the notary
Apply
Family questions before meeting the notary
A first draft of objectives, roles, fairness, liquidity and open questions for the notary’s brief.
Open toolGo deeper
Will and family continuity
A Family Objectives Brief and route comparison turn family decisions into a focused instruction for the notary.
Open routeRelated chapter →