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.

If I were writing my own will I might well want to leave something to the grandchildren if they were old enough. For 18 year plus treating them as their own person I would like to leave some money to seems reasonable.
Ultimately I might well consider something like 25 % to each of the two children and 10% to each of the 5 grandchildren to be fair and reasonable but that would be to leave it TO THE grandchild. Not giving the parents of the children 55% as it were. Did they manage to write a will that didn't make their wishes clear?

Unless grandparents specified something different in the will 50/50 between the two sons seems the only fair way to proceed.

@VanGoghsDog You have muddled up the use of a solicitor. That applies to passing an inheritance onto someone else. So yes, you most definitely do need one.

DEED OF VARIATION

What is a Deed of Variation?
If you have recently received an inheritance, you may be able to redirect all or part of that inheritance to other people.
This can be achieved through a Deed of Variation.
You can redirect your inheritance to anyone you want.
It does not matter if the deceased left a Will or if you inherited under the intestacy rules (i.e. where there is no Will).

My grandad had 4 children but his will just said £1000 to each grandchild and then the rest spilt between his 4 children evenly. I think that's pretty kind.

50/50 split is the only fair way unless there was a will stating otherwise with a split for both children and grandchildren.

Yes the only danger with doing an amount is that you don't know how much you will have when you die if you write it far in advance

50/50

50/50 - nothing else is fair.

unpopular opinion here but i think 55/45 is the way to go

I agree @IrishMama2015

50:50

If you had a child that had chosen not to reproduce, or was unable to, would you exclude them?
what if the other son has another child before you die, or one of the family of three predeceases you?

If you want to leave it to your children - split it evenly
If you are leaving directly to your grandchildren (and bypassing the grabby son) split it evenly between the grandchildren.

In your place I'd leave the lot to the non-grabby son, the grabby one sounds a cheeky git.

If there's a will and it is left to the two brothers then it's 50/50. The lawyer is right.

No will and the laws of intestacy apply.

Exactly this.

Ditto

50/50. The money is being left to the sons not their children.

Why should someone have more just because they have more children.

I have three children one has 5 children, one has 1 child, and one has no children.

My money will be divided 3 ways, between my children.

By the 45/55 way of thinking the vast bulk of my money would go to one of my children and one of them would get nothing, or next to nothing.

I bet the son who thinks he should get more wouldn't be thinking that way if he was the one being disadvantaged.

My mum did a token amount to each of the dgc, just £500 each to show she was thinking of them and then everything was split equally between her own dc.

Why? My siblings have 2 children each. I have none. Should they get all the inheritance from my parents just because I was unable to reproduce?

You're right! Should the one without children be disinherited? Of course not!

How is this even a question? Either it is stated in the will - in which case it is whatever the will says - or it goes on the laws of intestacy which, if England, would be 50:50. So the only way this could arise is if a deed of variation is being proposed, which has to be agreed to by the person who is decreasing their share.

Absolutely acceptable for the child with no children, assuming they intend to remain childless, to offer a small amount to the grandchildren. Very rude for the child with children to ask for it.

When I have grandchildren I will leave them each a small amount and then the remainder to my children equally.

1. 50/50 if the brothers inherit.
2. If the grandchildren inherit and it’s put into trust for them 20% each.

Greedy dad of three doesn’t benefit from option 2.

40/40 to the sons. 4% to each of the GC?

I have two brothers, my dad wanted the mirror will with mum to split everything 1/3 each. Mum wanted 1/5, 2/5, 2/5 based on grandchildren. My brother with 2DC and myself with 2DC told her no way to split it that way, 1/3 each if it’s left to us, no question. How anyone can think that because there’s only one child they’re somehow getting more is weird, what if I spend every penny? Do my 2DC put a retrospective claim in to my brothers? The 45/55 comes down to greed?

50/50 - unless grandchildren are mentioned in the Will it has nothing to do with the number of them. However, if there is a Will surely it states who gets what? That is what a Will is for - people can't just choose how much they want.

If there is a will, the testator can leave the money as he or she sees fit. Fairness does not really come into it

50/50. It’s the only fair way.