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What would you do re inheritance and unborn children?

31 replies

Plasticfoot · 24/07/2024 13:34

A relative has left all his estate to his grandchildren, split equally between them (in trust). He has a lot of them, also wealthy, it's c. £150k each

This has caused various frictions. E.g. one of his children has 5 children, another has none, so it hasn't been split equally between his DC iyswim.

Similarly, GC are still being born, so the childless son, may yet have children and the existing GC may end up with siblings who don't inherit.

As the adult children (parents of the GC), would you do anything to try and even this up? Is that even possible, given those who have inherited are mostly minors and the money has been left to the GC, who could decide that some of it is to be given to future siblings?

Among your own DC, how would you manage a situation where one DC had a big inheritance and another didn't?

OP posts:
niadainud · 24/07/2024 15:15

Motherrr · 24/07/2024 14:00

Can he split any amount for his grandchildren between the number of children he has himself, and stipulate that it must be shared equally between any kids they currently have or will have in the future?

Or seems quite unfair to the son who has no kids to far, compared to the child who has 5 kids

Very, especially if the son is childless rather than childfree.

LittleLittleRex · 24/07/2024 15:18

My DHs family had similar, from a great GP. When she died there were 3 eligible children, when the eldest reached 18 there were 5.

The money stayed in trust until each child wanted to buy a home, DH was first. He agreed to claiming 1/6 of the money. If a 6th child came along, it was fair, if not the group of cousins had a safety net (sums smaller than for you, around £50k each).

There are still only 5 and a few things have come out of the safety fund, a holiday when one was ill, for example and a car for one who has a disability now. It's likely the rest will go to the cousin with a disability and all of them are nice enough not to be petty about it.

They are a really nice family though, close and kind in general. The difference between getting £50k and £60k would never feel worth losing each other over.

user1492757084 · 24/07/2024 15:20

Legally, could the child in utero challenge the Will?

Could the children of the man challenge and ask for a variation that allows the grandchildren to be paid their share at age thirty? That would mean that the whole is invested for a further eight years giving more time for grandchildren to be born.

A person is at liberty to leave their assets to one or none of their relatives so it's hard to see how changes could be made.

ShyMaryEllen · 24/07/2024 15:33

My mother has divided her estate between her three children (one quarter each) and the final quarter is to be divided between any and all grandchildren, most of whom weren't born when it was last amended. My sister has five children, so they will (collectively) get a much bigger share of the final quarter than my two or my brother's one. I don't see that as unfair or fair, really. It's my mum's money, and it's up to her. They will all get a ninth of a quarter, so it won't be life-changing for any of them.

My will just leaves everything to be split between my children, as we don't have any grandchildren yet. My concern is that if they have them, then we and child A all die in the same train crash child B will get everything and child A's hypothetical children will get nothing. I think we'll revisit that if and when any grandchildren come along, so that all going well everything will go to our children but if one predeceases the other before they inherit, the bereaved children get something.

TellerTuesday · 24/07/2024 15:39

Nothing that can be done now really.

We had something similar with a great aunt years ago in that a share of the estate was to be held in trust until the youngest child ( alive at the time of her death) turned 18 and the share was then to split equally between all and any subsequent children. But I suppose with the spread of age ranges people start a family at now even that wouldn't be guaranteed

GasPanic · 24/07/2024 15:41

Life isn't always fair.

Some people get born with beauty, others brains, some nothing, some 150K.

I'm afraid it is just something you're going to have to deal with. The only option I guess you have is to choose how your money is distributed when you die. Or if you inherit from the other side or come into money you can balance it out when you have the opportunity.

I think siblings being treated unequally is far more likely to lead to issues than cousins and is a lot easier to manage.

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