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.

Anyone can give any amount of money to anyone. The revenue does not oversee this.

yeah brilliant!

I have no DCs, my sibling has 3 - their choice to have that many children and financially support them. On that basis, under one of those approaches presumably my sibling would get 75% of our parent's estate, and I would get 25%.

Like most other people have said, that would be an unfair approach that basically 'rewards' people for having as many kids as possible, and penalises the childfree/childless. Not that anyone is entitled to any inheritance at all really, but where parents have decided to leave to children it should be an equal share to each child regardless of how many children that child has / hasn't chosen to have!

The number of children the sons have is of no concern. It should be based upon the number of sons the divorced, dead parents had. 50/50

Whatever the will said.

otherwise 50/50

50/50, most fair

50/50

50/50

50/50

50/50 unless stated otherwise in the will.

What if one of the sons had had no children? Would he have got nothing?

This.

Did the parent die intestate? In other words, no will stipulating what went to whom?

The OP is clearly one of the DIL.

Absolutely 50/50
His choice to have 3 kids. Let him share his 50% with them.

You are both wrong.

@VanGoghsDog Sorry you are wrong. You can give what you want, but over £3K, the receiver will pay tax if the person giving the money dies within 7 years, because it's then seen as a way of avoiding inheritance tax.

@saleorbouy A will can be changed so that the beneficiary can pass their portion onto someone else- like their children- and bypass 'owning' the money. It's been done like this within our family- all legally through a solicitor.

50/50

50:50

The OP is the 2 child DIL.

She says so on the other thread.

(tbf the OP is part of the 2 child family, the OP could be the son, son’s husband, or a DP)

Exactly this.

In that case, in the Uk there are intestacy rules which muct be followed.

50/50

If one of our children told us that they should get more than the other, I would be tempted to leave that child’s share to charity.

50/50 is fair. How much would the son with 3 children want it he had 5 children? It’s sickening.

OP has clarified (possibly on the almost identical thread in legal) that the will says 55/45

What does the bloody will say ?

50/50 obviously, you cannot penalise one for the other sibling’ parenting decisions.

I think a good compromise is to give each grandchild say 2% each if each dad are planning on giving to their kids anyway. Then split the remaining 90% between the sons. Otherwise 50/50.
The brother of the larger share won't necessarily give the extra money to the kids