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.

The inheritance is going to the sons not the grandchildren.

Therefore 50:50.

If it was going to the grandkids its would be 20:20:20:20:20 direct to the grandkids skipping the sons.

You can't have it both ways. You either are the beneficiary or you are not. Son with 3 kids shouldn't get more because he independently made the decision to have a third. That was his choice.

50/50.

Unless the children are specifically mentioned in the will then 50/50. Very unlikely they’d get more for this reason.. and a bit strange to expect it!

No question - 50/50 between the two sons. How many children each have is irrelevant. If one had no children, should they get nothing?! People’s greed never ceases to amaze me.

Amount of children has zero relevance. Unless the inheritance was meant for them.

Yup - I think what makes this slightly frustrating - and why this thread being in the AIBU thread is fair - is that the OP has said the son with three kids helped the parent draw up the will.

Had parent drawn up the will independently then I'd be ok with it but I think the son with 2 kids is entitled to feel slightly shafted as it sort of could be implied that the 3 kid son has influenced parent slightly though this is pure speculation.

You have to go by the will. However, I think it's only fair for it to be 50/50.

We had a bit of this in my family. The person will lots of children wanted it divided up between the DGC. But my DGP agreed that they provide for their DC (so my DF and his siblings) and it's up to them to provide for their own DC.

The Will should be very clear. If it's not, hopefully there's been an explanation left with it if the split is unequal as to the reasons why (many solicitors would advise on this in case there are arugments afterwards).

However, I'd say 50/50. It's their choice how many DC they have (personal making the Will). Up to them to make sure the number of DC they have can be provided for, not yours.

Would my brother who has 8 kids ( yes he really does )get 80% then and me with only 2 just 20%? Of course, it should be 50/50 unless the will stipulates otherwise.

50 50 gets my vote too.

50/50

Another vote for 50:50.

Yeah, my Uncle is like this. Only, he has 1 child, my Dad has 3 - so he believes that his 1 child should get the total sum of what the 3 of us get as otherwise my Dads “bloodline” (?!) gets “more”.

He has come out with some shit in his life but honestly, Christmas 2012 (the year his DC was born - I was 22!) was the best for his batshittery.

I simply responded to his rant by stating I hope my Grandparents piss all their money up the wall on living luxuriously in their final years, and that even if every family member was left a speck of dust in the will, he would find a way to argue about it.

Gross, creep of a man.

If it helps DD1 has 2 children and DD2 none. Will is split 50/50 between DDs.

Surely the will must say? If not then it's 50/50 and if the lawyer isn't pulling up the one trying to take more then frankly he's a terrible lawyer.

I'd do it 50/50 but it's not like it would be inherently wrong to consider the number of grandchildren.

50/50

50/50 if the money is going to the children.

40/60 if them money is going directly to grandchildren.

Unless you are very very wealthy (in which case you can get advisors on this) keep wills simple.

To clarify, I mean it wouldn't be inherently wrong for the deceased to have considered this in their will.

I'm assuming in your case that the grandchildren inherited their own share from the estate. This doesn't seem to be the case with the op.

I know a woman whose parents have told her that they're splitting their estate 50% to her brother and 25% each to her and her sister because, "you have husbands to take care of you."

Mind blowing

50/50 to children, or equal shares if directly to grandchildren.

50/50 or 20% to each grandchild

50/50. Number of grandchildren shouldn’t come into it.

I think it completely depends on what the will said.
If it was split estate between grandchild then an equal split between them.

If children then 50/50 between the brothers.

If no will then 50/50 between brothers.