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.

I have 2 kids my sister has 1. My Mum’s will is 50:50. That’s fairest I think.

50/50- it's split between the sons. They can then choose how to split their share. One choosing to have more kids is inconsequential. Or a split of 60% to the sons and then an equal share to each grandchild if they are to be considered in the will

My nan gave a token set amount to each of the grandchildren, then everything left was split evenly between the children.

50/50 split.

Far too messy otherwise. The inheritance is going to the children, not the grandchildren (at this stage)

In the absence of a will, which I assume is the case, then it is a clear 50/50 split between the 2 next of kin.

It's not the case here
Will says 50 50
It's black and white

Same thing happened to my dad, it was split 50:50 between the siblings, the number of children they had was irrelevant, so unless the siblings agree otherwise it will be 50:50. The siblings children are for them to look after not the siblings parent...!

50/50

We had similar. 1 am 1 of 4 and I have 3 cousins. 75% of the estate went to my mum and her DB split 50/50. The raining 25% was split equally between us 7

Dunno about "fairness" but the executor does not have a choice - she/he must follow the letter of the law. Whatever the will says if there is a will, and per the well laid out procedures if intestate. Normally it's an even split amongst nearest descendants, and no amount of "oh I've got more dependants" or "my daughter Mary was Grannie's favourite" should change that. Any executor who deviates from strict interpretation of the law is liable to be sued by any aggrieved party and have to pay out of their own pocket.

The only fair split is 50/50.

What if one son never had any kids ? Or the kids disown their parents ? Or (God forbid) die ? Should that son then get zero ? No.

Each child gets 50%, regardless of what their life choices have been, including how many kids they decided to father.

50/50

You'll always get different views on this but 50:50 is by a distance the best split in my own opinion.

It's not subject to opinion
A will is a legal document

50/50! I have four children, my brother has one, and I would NEVER say I should get more than him! I chose to have my children and they are not pawns for inheritance cash! My brother would have loved to have had more - life works out how it works out. We are equally our parents’ children. Otherwise where do you stop - one child earns more than another, one has more assets, one needs more help, one has more pets 😂.

This isn’t about money it’s about people. Two people, equal shares.

Sib A has 3 kids, sib B has 1 kid. Sibling B thought it was incredibly unfair that everyone grandkid got the same amount. They felt that the money should have been divided 50% to B's child and then rest divided in 3
Could they really not wrap their head around the fact that the money was left to the child personally, and not to the family as a unit?
Did any of the money actually make it's way to the actual child, or was it used as family funds?!

@Johnnysgirl people can write whatever they want in their will but this is an example of why it's bloody awful for a loving parent to do anything other than split things equally between their children (excluding really extreme situations such as one child having a severe disability and needing some kind of special provision)
Skipping a generation is potentially hugely divisive because although yes, the money belongs to the grandchildren, it's inevitably going to make any sibling who hasn't procreated (or hasn't procreated yet) feel sidelined. And it's also not very logical given that those grandchildren would inherit further down the line anyway. They're going to get the benefit of what's left to their parents at some point.
I'm one of 4. As it happens, I have 3 children, two of my siblings have two and the third is childless. I would have felt it terrible if my parents had divided their inheritance between the grandchildren - it would have meant one sibling got nothing, I mean WTAF? Their inheritance was quite rightly split 4 ways between me, my sisters and my brother. Whether I choose to gift some
To my children now, or whether they eventually get the benefit from my estate when dh and I pass away- well, that's my choice. I would never in a million years expect anything other than an equal split between the siblings.

Oh, I totally agree with you.

In the situation I commented on there was a specified amount left to each grandchild and the remainder divided equally between their parents.
I don't think there's anything unfair about that?

Like I said, I wouldn't do anything other than leave my estate equally between my children. They can then choose to gift some to their own children if they wish (of course, their children will ultimately benefit from their parents' estate anyway.) One of my adult children doesn't have their own children; perhaps they will In the future or perhaps they won't. I'm not going to give to the grandchildren who happen to exist right now.

@Benja1405

Is your DH going to do anything about the 55/45 split?

From your other thread, this is what was stated in the will. Is he going to contest it?

Nearly 1500 people have voted and 96% have agreed with you.

What is the 5% differential worth? Is £1k or £50k? If it's only a small amount of money it's probably not worth doing anything about it. Sounds like your BIL is a CF

No it's already decided, just interested in views. The 5% is worth a sizeable amount but it won't be contested as it's not worth the fall-out.

50/50
i have 3 kids my sister has 1
Our fathers estate was split 50/50 as it should

Absolutely 50/50. The number of children/next generation to inherit has absolutely nothing to do with this inheritance.

@Benja1405

Sorry to hear that the 5% was a sizeable amount.

Rest assured - You are being the 'bigger' people in this proceeding. Your BIL has behaved appallingly and you will probably never see him in the same light again. Total CF.

Why is everyone saying it's a 5% difference. It's a 10% difference