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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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

447 replies

Benja1405 · 08/06/2022 15:22

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.

OP posts:
Dragonsmother · 08/06/2022 21:55

Was there a will?
if not 50/50 between siblings. It’s up to the brothers to then decide what to give their DC.

CornishGem1975 · 08/06/2022 22:02

HollowTalk · 08/06/2022 15:29

Definitely 50:50. It goes to the sons, not the grandchildren.

100% this.

FinalNameChange · 08/06/2022 22:06

50/50

DaphneSprucesPippasClack · 08/06/2022 22:08

50/50

woolwinder · 08/06/2022 22:14

My partner is currently in a similar situation. We think there's nothing like the death of a parent to bring out all kinds of entitlement issues, and that some people can't hear the sound of the funeral bell because of the cash registers ringing in their ears. Our situation is that of three siblings, two have children, and the third none. The two who are parents think they should get more because of their kids. Our feeling, which has prevailed, is that the will says the grown up children should get equal shares. if the deceased parent felt otherwise, they would have written the will differently. I say 50-50.

Whisperance · 08/06/2022 23:04

50/50 here. My mothers sister thought she should get more because she had more kids too but it's for the grandparents kids not the grandkids... My mum said no way as did my grandparents. Her choice to have a bundle of kids and not bother to work when she needed to.

Whisperance · 08/06/2022 23:05

Added to say its the same in my family I have double the kids my sibling has and I would assume the 50/50 is fair because it's not about my kids... It's about my parents kids getting equal share.

LemonMuffins · 08/06/2022 23:07

50/50 or nominal amount to each grandchild with the remainder split 50/50. The number of grandchildren is irrelevant.

OberthursGrizzledSkipper · 08/06/2022 23:19

We had a similar conversation in our family. I have 5 DC, my sibling has one and DM started wondering what was fairer.
I've reassured her it should be 50/50 between the 2 of us. I can split my half between my kids if need be.

Ihaveamagicwand · 09/06/2022 12:44

I’ll admit to not RFT (so apologies if this has already been suggested) but what about an equal amount being given to the five grandchildren and the remainder split 50:50 between the children. Gives the grandchildren a little nest egg and stops a potentially unfair split.

VestaTilley · 09/06/2022 12:49

50:50 split between sons is fairer- then both sons can choose what to give to grandchildren.

Son A shouldn’t receive less because Son B chose to have three kids.

123becauseicouldntthinkofone · 09/06/2022 12:51

My bro tried this move but my parents have always said 50/50 as their responsibility is to look after us and our responsibility to look after our own children regardless of how many we decided to have. The solicitor cannot actually split any different unless you agree so please dont why should you or your children get less because he decided to pro-create more!

Dotjones · 09/06/2022 13:18

50/50. Grandchildren are irrelevant.

toastfairy · 09/06/2022 13:19

Twentypast · 08/06/2022 20:25

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?

I absolutely do not think that one sibling should get more than another because of the number of children they have. At some point (when considering writing my own will) I would consider grandchildren as being independent relatives to whom I may leave money. Especially given the difficulty of raising a deposit for a house. If g'kids were in preschool that might not feel applicable yet though.

Therefore if I was in this situation I might well consider leaving 10% each to the 5 grandkids and 25% each to my adult children. IF that was in the will I wouldn't consider it unreasonable. BUT the key point is, if I understand correctly, that isn't what the will says - so it should be 50/50. I don't think 50/50 is unreasonable, certainly not unreasonable enough to demand a writ of variation.

But applying the same instincts to the situation you describe might mean 20% to each of my children and 10% to each of the 4 grandchildren. I wouldn't see that as giving one kid more than the other, BUT it would depend on personal situation, ages and relative financial situations of parties involved I suppose.

FairyLightAddict · 09/06/2022 13:57

50/50.

My parents will is divided equally between myself and my siblings. I have 3 children and neither my brother and sister have. My kids will inherit from my share eventually 🤷‍♀️

nokidshere · 09/06/2022 14:15

50/50 always. Anything else is unfair. They can then give it to their children if they like.

ThinkingaboutLangClegosaurus · 09/06/2022 14:23

50-50

HMG107 · 09/06/2022 14:31

I’m in this situation. There is no will and I’m the only sibling with a child. I felt a fair split was 30% each sibling and then 10% to the grandchild - both of my siblings has said no and I this has hurt.

PurpleDaisies · 09/06/2022 14:32

HMG107 · 09/06/2022 14:31

I’m in this situation. There is no will and I’m the only sibling with a child. I felt a fair split was 30% each sibling and then 10% to the grandchild - both of my siblings has said no and I this has hurt.

How did the want to split it? 33% each?

Blossomtoes · 09/06/2022 14:33

HMG107 · 09/06/2022 14:31

I’m in this situation. There is no will and I’m the only sibling with a child. I felt a fair split was 30% each sibling and then 10% to the grandchild - both of my siblings has said no and I this has hurt.

I don’t blame them. Why should you get any more than a third?

SirChenjins · 09/06/2022 14:35

HMG107 · 09/06/2022 14:31

I’m in this situation. There is no will and I’m the only sibling with a child. I felt a fair split was 30% each sibling and then 10% to the grandchild - both of my siblings has said no and I this has hurt.

Why should your side of the family get more than the other sides? Confused

Johnnysgirl · 09/06/2022 14:39

HMG107 · 09/06/2022 14:31

I’m in this situation. There is no will and I’m the only sibling with a child. I felt a fair split was 30% each sibling and then 10% to the grandchild - both of my siblings has said no and I this has hurt.

It doesn't matter that you thought this was fair (of course you did!)
Without a will, assets are divided between the children of the deceased.
You've got a bit of a cheek expecting your siblings to hand over extra to your child.

SmartCarDriver · 09/06/2022 14:41

HMG107 · 09/06/2022 14:31

I’m in this situation. There is no will and I’m the only sibling with a child. I felt a fair split was 30% each sibling and then 10% to the grandchild - both of my siblings has said no and I this has hurt.

You were greedy and called out. Why were you hurt?

Spidey66 · 09/06/2022 14:43

HMG107 · 09/06/2022 14:31

I’m in this situation. There is no will and I’m the only sibling with a child. I felt a fair split was 30% each sibling and then 10% to the grandchild - both of my siblings has said no and I this has hurt.

There's 4 kids in my family. I'm the only one without kids. My parents will was split 25% each. I would have been upset if my siblings had refused me my share because they could reproduce and I couldn't. It would have been even more unfair in my eyes because one of my brothers won a scholarship to an independent school, has a first class degree from Oxford, earns mega bucks working in finance, and lives in a huge house in a very posh part of London. No scholarships when I started secondary school, I went to a bog standard comprehensive, trained as a nurse before it was diploma or degree level, and live in a 2 bed flat in an 'OK' area. Though to be fair to my brother, he would have found that wrong and would not have accepted him getting a larger share just cos he has kids and I don't.

MrsTerryPratchett · 09/06/2022 15:04

HMG107 · 09/06/2022 14:31

I’m in this situation. There is no will and I’m the only sibling with a child. I felt a fair split was 30% each sibling and then 10% to the grandchild - both of my siblings has said no and I this has hurt.

I'm the only sibling with a child and I disagree. I expect my brother to be treated equally even though he has none.