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.

So there is an actual will and the person has already died? The will says that both sons share the inheritance?

In that case it is shared 50/50 and anything else would be very dodgy. A deed of variation would be needed to make it anything other than 50/50 and if I was the one with two children, it would be over my dead body (as it were).

When my parent died we split equally between siblings then each decided how much to give to our children.

Either 50/50 to the two sons, or divide into 5 and give direct to the grandchildren, bypassing the sons altogether.

But if there is a Will, then as the Will states.

I would say it is split between the number in that level/generation, so if it is going to siblings then it would be 50/50 as it is being left to them not to the grandchildren. If it was being left directly to GC then obviously each would get an equal share, so 1/5 each.

50:50 for sure.

50/50 unless the will says otherwise. The son with 3 DC is being grabby - he chose to have 3 children knowing the resources that would be available.

50/50 is the only fair way.

Also I don't understand why anyone is arguing with the actual lawyer. A will is a legal document and has to be strictly adhered to. You can't just chose to do what you feel like.

I am assuming the parent did not specify before death in which case it should be equally between their children no matter what the circumstances.

If the parent had said to be split between grandchildren as the children (my parents have done this as they helped us when we needed it and do not need more from them), it should be equally between the grandchildren and go directly to them

my mum has said 50/50 and my sisters and i have different numbers of children. Your DS is being outrageous and your other DS could end up having more kids so his argument is ridiculous

Are you paying this lawyer?
They don't get to interpret anything or foist their opinion on you. The will is a legal document and it's not open to interpretation.

It actually doesn't matter what's fair, it matters that the will is adhered to. If the will says 50/50 then that's how it has to be split.

Unless sibling with three kids is suggesting that after the 50/50 split that the sibling with only 2 kids gives 5% of their share to the other sibling... Which is grabby and unenforceable and likely to cause a real drama!

50/50. What if one of the sons goes on to have several more children or the other loses a child?

Trust the solicitor, he will have seen all this before.

50 50 to the two sons.

Just for info, the op has posted the same thread in legal matters which makes things clearer.

The will has already been done with the 55/45 split and op is the one with two children or their partner.

50:50 between the 2 sons. It's then up to them to divide up their share as they see fit.

If there is an existing will of an already deceased person then the Will will already say what the split is!

If you mean that a person is about to draft a Will and how should they divide up their estate when they die - however they want - and neither son nor any grandchildren should actually get a say!

My parents' wills specifically state that their estate is to be split 3 ways between their 3 children. Further, if one or more of their children pre-deceases them, that child's 1/3 is to be split between any grandchildren of THAT child. ie if I die before them, I have two children, so my 1/3 share would then be split between DD and DS. My brother has 1 child, so if HE dies, his 1/3 would go entirely to nephew. The number of grandchildren therefore has no bearing on the dividing of the estate.

Seems pretty obvious to me that most people want to split equally between their own children with grandchildren to be sorted out by their own parents.

50/50. It doesn't matter how many kids they have. They can share their share with their kids how they see fit.

50:50 unless money is going directly to the grandchildren. If you want money to go directly to the grandchildren then eg each grandchild gets 5% and the remaining 75% is divided between the two brothers.

Follow the will. If the will only names the two sons as beneficiaries then it has to be 50/50. It's a strange lawyer who is saying anything else.

What does the will say?

50/50

The person with 3 kids is being a cheeky sod! What a chancer!

55/45 apparently, according to the op's other thread.