Inheritance split - how to split when siblings have different numbers of children

[Benja1405]

Divorced parent died - two married sons in will, one has 3 children and one has 2. What do you feel is the fairest way for the estate to be split? Lawyer thought straight 50/50 between the two sons. Son with 3 children thinks 55/45 in his favour is fairer as he has more children. AIBU to think that this is unfair on the other son? Just interested in views, thanks.

50/50. Number of children is irrelevant.

50:50. In my case it was 33:33:33 and the fact I had 3 DC to my 2 siblings 2 each was never a concern. Having 3 children was my choice.

50/50 obviously.

Sibling with 3 kids reminds me of an acquaintance who had indicated to her parents that they should leave her the house instead of her siblings as ‘she doesn’t have a house and they do’. She was utterly shocked when her dp’s weren’t in agreement.

50/50 …I have three children and sibling doesn’t have any children but it would be massively unfair if I got more because I chose to have a family.

The logic of 45/55 is so off.
What if one son had no children?

A relative died intestate and two out of the three beneficiaries decided that as I had cared for her as much as they had I should receive a share of the estate. The third beneficiary was my mum and, although she and I both knew that that was what the relative wanted we were both happy with the three way split amongst my mum and her siblings.

Anyway when the estate was settled I was given a quarter just like my DM/Aunt/Uncle. My two cousins had not seen much of the relative over the past few years but they had spent a lot of time with her when they were young. I was an only child with 5 children of my own that the relative was very involved with, she said on several occasions that they were the only thing that gave her life purpose. I decided that I would split my share of the money equally with our children and my two cousins so we each had one eighth of the one quarter share. I did question whether we should have kept some of the money back for my cousins' children should there be any but in the end it was felt that the money was more use to them there and then than a smaller amount in the future.

The son saying he should have 55% is a grabby twat

50/50 is the only right way to do it. If the grandparents want to leave separate, individual amounts for the grandchildren then that’s fair enough, but it does risk a grandchild being let out if they are born after their grandparents die.

@Benja1405 I have just read your other thread

So CF sibling 'helped' dying parent to draw up a will 55%/45% in his favour? And his reasoning was he had more DC than you?

This is definitely NOT standard practice. The lawyer is correct.

For me, it is very obvious CF sibling has been conniving and duplicitous in 'helping' his parent.

I guess it depends if this extra '5%' is worth kicking up a fuss about - do you really need it? Is it worth damaging family relations over?

50/50
I have 3 children, my sibling has none. I wouldn't expect to inherit more based on my own children!
Although...according to this reckoning I would get 80% and my sibling 20%! Maybe I need to speak to my parents!

Surely it is stipulated in the will. If not 50:50 to each son.

50/50
Son with 2 kids might have more

50/50

This should not even be a question.

I think any independent adult (or has/had the ability to be independent, I.e. not the lazy child how never worked a day in their life etc.) who has a publicly stated opinion on how much they should receive from someone's will should get a reduced amount.

My parents can do whatever they want in their will. If they leave me something,fabulous I will be delighted but I sure as hell am not entitled to a penny.

50/50.

Its his fault if he had more than two children and I don't see how having more children in any way determines inheritance. If you have an issue with paying for your kids, don't have them.

This is bizarre. Its split between siblings not grandkids.

50/50

Nothing else is fair.

Either son could have 5 more DCs before you die or they could try for more children but can’t or whatever - it will just be messy if it’s not 50/50.

My sister is married with 3 DCs.
I’m single with 1 DC.
We could both argue we deserve more money -she’s got more family members to split it between but as a single parent I have less income etc etc.
But it doesn’t matter as the only fair thing is to split it 50/50.

Surely you just do what the will says. It doesn’t matter what the lawyer or sons thought?

50/50 is the only way

If the will just says split between my two sons then it’s 50/50.

@alphons I see your point. But when all the siblings are the other side of 45yo, things are very unlikely to change. Stepchildren are a completely different matter
But you can never be sure. The DC are sons. They could go off and have a whole second family with a 20 something new partner.

I'm one of 5. My surviving parent has it written as equal split equal 5 ways between us. If one of the 5 dies their 5th share goes to any of their child/ren only (ie; only grandchild/ren not great grandchild/ren), if they have no children their share it reverts to the remaining 4 children.

OH, his surviving parent has it written that it is split 3 ways between their 2 children and only grandchild.

Did the deceased parent hold a gun to the son's head and force him to have a 3rd child? If yes, he gets more money. If no, 50:50 split.

@VanGoghsDog I'm sorry but you are still wrong. It isn't that you didn't ' go into as much detail' but that you contradicted a poster by insisting anyone could give away any amount of money( and there would be no financial consequences for the recipient.)

That's more than a 'detail'!

Currently, some relatives of mine are going through this exact process as part of inheritance planning with a FA.

Their estate is worth well over the IHT limit (talking £1m+) and they are gifting their children £3k pa to reduce the IHT due on their estate(eventually.)

The clock starts ticking the moment any money above that amount is gifted. If it's under 7 years when the last parent dies, it is counted as part of the estate. (You are right there.)

So, tax will be paid on it if the estate falls into the IHT band.

The recipients have to declare any monies received.

50/50

Either 50/50 between both sons or a 33/33/33 split where the third 33 is further divided equally between the grandchildren.
Entirely depends on what the wishes of the person leaving the will were though!