Make Your Legacy Wishes Known

It isn’t enough to have wishes for your belongings after you die. Wishes need to be known.

Arlene was in her early 90s, with multiple medical conditions but a mind that was sharp as a tack. Since she did not have any surviving family members, she relied on her church community, friends and government services for support. She received meals on wheels and personal health care services, which allowed her to continue living in her home.

One friend, a recently retired neighbour named David, visited her every few weeks. He would chat with her for hours. Arlene’s friend Stella was the executor of her will, although David was probably her closest friend. They laughed a lot, shared personal stories and a great love of reading.

During one of David’s last visits she had said to him, “You see that bookcase over there, next to the fireplace? I’m going to leave a note on it to make sure you get that antique bookcase and all my books when I die. I couldn’t think of anybody besides you who would appreciate it and I really want you to have it.”

Arlene died not long after. After the funeral David was asked by another friend of Arlene’s if he ever received the bookcase when the house was cleared out and sold. “No” he said, “Not a word was mentioned about it. In all of the commotion I don’t think anyone saw the sticky note. Or maybe it fell off. I didn’t say anything to Stella because I didn’t want to look like I had ulterior motives for my visits.”

Arlene’s wishes were never honoured, despite everyone’s best intentions, because they weren’t formally made known.

This bookcase isn’t a huge issue. Some people die with unrecorded wishes worth millions. But it’s always sad when wishes go unfilled.

How can I ensure my wishes will be followed after I die?

To avoid conflict and confusion after your death, or to ensure somebody receives something specific, either give it to them while you are alive or have it formally added to your will. Things said privately to one person can result in massive conflict when not formally recorded. We also recommend you make your beneficiaries aware of your wishes. Clear communication is the safest guarantee that your legacy will be honoured.

When should I do it? As soon as I know I am dying?

Don’t put these thoughts off. Nobody knows when they are going to die so it is best to act now. If you wait too long there is also a risk that someone might challenge claim you were not at full capacity when the changes were made. Earlier is the safest bet.

What if my will is already completed?

It is wise to update your will as circumstances change. Adjustments can be made to the will itself or by adding an addendum. The “how” is best discussed with your lawyer.

Co-authored by  Mark Silverman, MD, Family Physician and Mike MacConnell, Family & Elder

ABOUT THE AUTHOR

Mike MacConnell, founder of Reflective Mediation, is an accredited family mediator, conflict coach, educator and author. He is the highest-ranked mediator on Google in the greater Toronto area, with over 180 5-star reviews. To book your free consultation click here.

Why Don’t Men See It Coming?

I’m a family mediator. I get in the middle of other people’s problems. Things can get loud at times, but I wouldn’t be invited if things were going well.

My clients are most often couples seeking to separate or to save their marriage, but may be siblings who have fallen out of touch, parents at odds with their teenage children or adult children disagreeing about end of life care for their elderly parent. Every situation is unique.

The primary goal, however, is nearly always the same: to find answers to the issues that keep triggering conflict in the relationship. In short, to improve communication.

Participants are often shocked by how quickly they reach agreement, once they get to the table. As the mediator, I’m shocked by how long it takes them to get to the table.  

Here’s another puzzling thing I’ve noticed: it’s almost always the woman who reaches out first.

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I’ve had dozens and dozens of cases in my career, and in more than 80% of those cases, the first contact is initiated by a female. What’s going on with that? Why are women the ones who seek help? There are just as many men as women in difficult relationships, just as many men who are suffering emotional pain or hanging on in situations that are stressful.

Why aren’t the men doing the google search and emailing or picking up the phone? 

Take heterosexual couples for example. Almost every case is initiated by the woman, who reports she is “living in parallel”, experiencing minimal intimacy or feeling taken for granted. The man may be a good father, yet acts like he’s on auto-pilot in the relationship, shrugging off her complaints saying “things aren’t really that bad”, dismissing her unhappiness as “an over-reaction”, avoiding the conversation by saying “why can’t we just relax and have fun like we used to?”.

He may look like he doesn’t care but most often he does and just doesn’t know how to express it. That’s what’s so tragic. When she finally says “I’m fed up. I want a divorce,” he feels blindsided. By the time they arrive in mediation he’s the one who presents as most devastated. 

Once our work begins, men are equally able to listen respectfully, to articulate their needs and collaborate on solutions. They are as willing as the women to practice the communication skills I teach, and just as appreciative when they succeed.

So why aren’t they as quick to admit the dysfunction and seek solutions before things fall off the rails?

Is there a way to shake men awake before they wake up alone? Anything helpful you or I can say?

The vulnerability that some men fear (and therefore avoid) is actually the door to their deepest strength and connection. The door can be opened with honest communication, if only they could see it that way.

If you have any thoughts on how to pass men the key, please share your suggestions in the comments below.

ABOUT THE AUTHOR

Mike MacConnell, founder of Reflective Mediation, is an accredited family mediator, conflict coach, educator and author. He is the highest-ranked mediator on Google in the greater Toronto area, with over 180 5-star reviews. To book your free consultation click here.

Marriage Story: The aikido Approach

I teach a college course in divorce mediation and was recently delighted by the dramatic opportunity presented by two students who were role-playing an upset wife and husband.  In the role of mediator, I was demonstrating the subtle art of “going with” the other person, a communication technique that entails resisting the automatic tendency to “push back” when you disagree. 

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The student playing the “wife” barked out something like “The kids and I would be better off if you were dead”.

These were hurtful words, utterly unhelpful to reaching agreement. The natural reaction would be to halt the exchange with a reminder that parties had previously agreed to speak respectfully. I had no intention to reprimand. Her high emotion provided me with the perfect opportunity to demonstrate the Aikido approach.

Named after an ancient martial art, the Aikido approach, when applied to conflict resolution, teaches how to neutralize an attack without inflicting harm. Rather than retaliating, shaming or proving her wrong, this non-aggressive approach accepts the other person’s position and goes with it.

That is a surprising statement.” I responded, “Do you mean what you said?”

“I mean every word. My children and I would be far better off if he was dead.”

“You must be carrying enormous pain to have such a wish. Help me understand how you believe it would make your life and the lives of your children better if their father was dead.” I turned to the “husband” and said, “Sir, I appreciate your restraint and ask you, if you can, to listen for the next few minutes without immediately responding.” 

The student playing the “wife” improvised for a few minutes, painting an elaborate portrait of her “husband” as a useless internet-gamer and compulsive YouTube addict who was completely inept in caring for his family. 

At one point the “husband” interrupted, “That’s untrue. You’re exaggerating unbelievably!”

“Sir, difficult as it must be, I’m asking you to let her continue. You don’t need to agree. I am not here to gather evidence or judge who is right or wrong. We are listening to what is true from her point of view. I promise we will soon get to hear your side. Will you agree just to listen for the next few minutes?”

“Ok.” he grumbled.

 “Thank you.”

Turning to her, I said, “Thank you for expressing your point of view. I understand more fully now why this divorce is important to you. Please continue. How do you believe it would it be for your family? Imagine the children after the loss of their father. How would it be for them?”

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The student tried to maintain her righteous indignation, but couldn’t carry on for long. Soon, on her own, she admitted her words might have been exaggerated, “Of course, I know the kids would miss him. They would miss playing video games together. And his pancakes. It’s just unfair, that’s all. I earn the salary and I take care of him like he’s one of the kids. He doesn’t carry his weight.”

“Now you’re getting to what matters.” I said, “Carrying one’s weight is an important issue to negotiate. It sounds like you are worried that adult responsibilities are currently out of balance. Sir, do you agree it’s important to balance your parenting responsibilities?”

“Yes, of course I do.”

“Then the two of you agree on an important principle. Now you’re moving forward. Let’s continue.” Her emotions had been legitimized, not shut down, which enabled her to correct herself without being pushed to do so.

Aikido-style negotiation focuses on what makes sense, and avoids getting derailed by what doesn’t. Instead of “fighting for peace” you are “being peaceful for peace”.

ABOUT THE AUTHOR

Mike MacConnell, founder of Reflective Mediation, is an accredited family mediator, conflict coach, educator and author. He is the highest-ranked mediator on Google in the greater Toronto area, with over 180 5-star reviews. To book your free consultation click here.

Practicing Co-operative Opposition

What if your yoga practice could help heal distress and resolve interpersonal conflict?

It can. Cooperation between opposing forces is the key to reaching peace. It’s not about erasing differences but balancing both sides. This is true on the yoga mat and at the negotiation table. Tensions in your body and conflict between bodies can’t be realistically resolved by getting rid of differences.

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