Saturday, July 27, 2019
Life Problem Essay Example | Topics and Well Written Essays - 1500 words
Life Problem - Essay Example Underlying this conflict is the different opinion the siblings have on whether Edith's actions regarding were in accordance to Maurice's wishes. As Edward states, his father would have wanted all his children to benefit from the estate. Thus, Edith's choice of naming Nancy as a joint tenant is a major conflict among children because as the law of survivorship states, the interests of a deceased joint tenant cannot be passed on by will, but should be passed directly to the surviving joint tenant. In this case, all of Edith's jointly owned properties will be passed on to Nancy after her death unless formal actions are taken up to sever the joint tenancy or include the three children as tenants in common. Furthermore, structural conflicts are also present that make communication, and consequently understanding, difficult. Geographically, all three siblings have left Queensland and now reside in other parts of Australia and the world. Hence, physical communication barriers can cause anxiety and strain relationships, especially for the siblings who have not seen each other in more than 10 years. It also increases the window for misinformation. Edward and the others can also feel threatened by Nancy and Rajiv because of Edith's dependence on them, their residence in the estate, and their control over Darlington. It causes Edward to believe they are disadvantage against Nancy. Edith's health conditions also puts time constraints because as their mother and owner of the estate, she is the only person who can enforce changes in the distribution of Darlington through severing her joint tenancy with Nancy or including the three children as tenants in common without damaging relationships. Such circumstances indicate that relational conflicts are brewing because while Edward and the others feel threatened by Nancy, Nancy feels that her siblings are rallying against her or that they do not appreciate her sacrifices for the estate. These conflicts, although seemingly immaterial, plays an important role in the negotiation because it determines each party's attitude and possibly create a negative behaviour among the siblings, hampering communication even more. While there is a number of methods available, negotiations are the most efficient, viable, and appropriate method to resolve the conflict. As Edward explained, a legal proceeding is not only complicated, but their claims may also be weakened because it is be difficult to establish an enforceable trust based on their father's will. Their geographic location also makes legal proceedings difficult logistically and financially. Furthermore, with Edith's old age and health conditions, it will not benefit anyone to place stress on her. Thus, unless the children can come up with a negotiated outcome acceptable to all, and approach Edith with the outcome in hand, further disagreements among the children can only worsen Edith's condition. It is also important for Edward to understand that if taken to court Nancy's contributions to the farm, Edward and his party's absence and seeming lack of interest in the farm and their mother's welfare, and Nancy's residence in the
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