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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:
WilsonMilson · 08/06/2022 17:35

50/50. The sons are the beneficiaries and it is an equal split. Doesn’t matter how many loin fruit the cheeky fucker has spawned, he doesn’t get any more money.

Honestly, the entitlement of some people really amazes me.

Fifteentoes · 08/06/2022 17:36

I'm always gobsmacked by arguments like this between people claiming what they believe is the "fair" amount of someone else's money they "should" get for doing absolutely fuck all.

As pp have said, if the will specifies than that's what it is. If it's up to you somehow, then I would decide whatever you like and then if either of them complain, give them nothing.

MelvinThePenguin · 08/06/2022 17:37

50/50 unless the will specifies otherwise .

My parents’ will leaves a set amount to each grandchild, to avoid this. The rest is apparently for me (as executor) to decide how to divvy up with my sibling for various reasons.

Gives me a headache. I just want them to be abundantly clear, or better still, spend the lot!

CentrifugalBumblePuppy · 08/06/2022 17:38

My sister & I are going through this now once probate is completed (Dad only died at the end of last month).

I have 2 children, my sister has only one. We’re perfectly happy to split everything left 50/50; Dad had 2 children, thus 2 shares if you will. How we then divide our individual inheritance is up to us, but an initial 50/50 is fair & equitable in a similar situation.

SuziLikeSuziQ · 08/06/2022 17:38

50:50.

My dad's parents' estate was split equally among the children, not the grandchildren. Some of my dad's siblings have LOTS of kids, my dad only has two. But it went equally between my dad and his siblings.

It's not fair to say "Oh, but I have twenty kids so I should get a bigger split than you because you only have one." The parents had TWO children and any money should be split between those two.

DorritLittle · 08/06/2022 17:38

It should be 50/50 between children regardless of their offspring.

potteringinmysocks · 08/06/2022 17:39

50/50.. sons might not even want to spend it on the grandkids! Number of grandkids completely irrelevant! If it was based on grand kids the will would have left it to them and not the sons!

TheVillageBaker · 08/06/2022 17:41

50/50. It's very cheeky of the brother with 3 DCs to feel that he is entitled to more. I have 3 DCs and my sister has none, but I can't imagine demanding more from our DMs will because of choices I made!

Bayleaf25 · 08/06/2022 17:41

If there’s a will then exactly what that says.

If no will (in the uk) then don’t the laws of intestate apply which means would be split equally between children (in this case 50/50). If one of the siblings has died only then would their parents share be divided between Grandchildren.

Glitterspy · 08/06/2022 17:45

50-50, the sib with the 3 kids is a CF

SmiledWtherisingsun · 08/06/2022 17:47

50/50. Not anyone else's prob how many kids you decide to have!

Sarah3587 · 08/06/2022 17:47

50/50 between siblings. Unless the will also splits it between grandchildren.
nobody should be rewarded according to how many children they produce.

Dancingwithhyenas · 08/06/2022 17:49

Unless the grandparent made specific provision in the will for grandchildren, normally this would be a simple 50-50 thing.

Tulipomania · 08/06/2022 17:50

50/50

Number of kids is irrelevant.

If they want to leave a separate equal bequest to each grandchild that's OK too.

MigsandTiggs · 08/06/2022 17:52

IrishMama2015 · 08/06/2022 15:23

It should be split per number of siblings not number of grandchildren. Siblings then decide how to split amongst their own children

This.

Itloggedmeoutagain · 08/06/2022 17:54

It doesn't matter what anyone else thinks. What matters is what the will says! That's the point of writing a will so that Their money goes where THEY want.
I'm surprised the solicitor didn't say this was the law rather than it just looking like it was his opinion

BreadInCaptivity · 08/06/2022 17:57

50/50

Is the brother with 3 children suggesting hypothetically that if one sibling had be childless they should get nothing?

Essentially there are two branches to the family not 5.

The alternative is the father leaves everything to the grandchildren split 5 ways.

Or leaves 50% to both children (so a quarter share each) and 10% to each grandchild.

Upshot is you should (unless there is a very good reason) treat each member of a generation equally.

DuesToTheDirt · 08/06/2022 17:58

Absolutely 50/50.

Too late for anything else now, but if the deceased wanted to give something to the grandchildren that should have been separate, e.g.
child 1 - 40%
child 2 - 40%
leaves 20% to be split equally between 5 grandchildren, i.e. 4% each

ShandaLear · 08/06/2022 18:00

50/50 obviously. If it was apportioned according to number of grandchildren then the children of really rich people would start having loads of kids in order to get a bigger share of the pot.

Rewis · 08/06/2022 18:02

50/50 if the estate is to the sons. Number of children is irrelevant. If it is directly to the grandchildren then they all grandkids should get an equal share.

Cas112 · 08/06/2022 18:07

50/50 obviously, what should the grandchildren have to do with itConfused

sunglassesonthetable · 08/06/2022 18:07

50/50 . That's it.

OhCobblers · 08/06/2022 18:08

Without a doubt 50:50 split and the son who thinks it should be 55% in his favour is a cheeky greedy fucker! Hope that helps Grin

mbosnz · 08/06/2022 18:09

50/50. It's up to the sons to decide how (or indeed if) to pass their inheritance on to their offspring.

StaunchMomma · 08/06/2022 18:10

It doesn't matter whether they have 0 kids or 10 kids - it should be 50-50.