Another fairness/inheritance one, WWYD?

[PrintersCourt]

X has 2 adult kids, 1 grandchild and a partner of 20 years. X dies leaving enough to pay for a funeral and around £5k leftover. They didnt make a formal will, just expressed that the 4 people above should be beneficiaries but not specifying amounts/split.

Kid A is the oldest, a single parent with their own home and a good job. The grandchild is theirs.

Kid B is younger, in a minimum wage job and they don't own any property or have kids.

Partner is retirement age without their own property, not entitled to anything officially as they didnt live with X.

What is a fair way to split the £5k? £2k each for the kids and £1k for the partner has been suggested plus a few hundred that's also left for the grandchild. Or should it be a 3 way split?

There's no will. Therefore the intestacy rules apply. It's split equally between the two children. To vary from this requires a Deed Of Variation.

The wishes of the deceased don't come into it, unless they were put into a will.

Of course, there's nothing to stop the children agreeing to give some or all of their inheritance to the partner. But in the absence of a Deed Of Variation that would be a gift from them (for tax purposes) and not an inheritance from the deceased.

The above assumes you're in England.

Without a will and a live in partner, it should be split equally between the two children.

Such a small sum, and a partner of 20 years - I'd give it all to the partner tbh. It's definitely not worth a row.

It should be split 4 ways. Worth noting that it's only a tiny amount of money and really not worth any fall outs / upset over.

If he wanted it split between the four just split it equally

In what way is it unfair? Deceased wanted 4 people to share it, they each get £1,250, that seems perfectly fair.

This for me. If they wanted the 2 kids to inherit the bulk of it, they’d had said. A 4 way split seems the fairest in the absence of any express wishes.

I agree with this. There is no Will, sure, but a preference was specified by X and shouldn’t be ignored just because the law says differently etc etc. That seems morally wrong.

If one of the kids is seeking to shaft the partner of 20 years, which is what I suspect, then that’s poor behaviour. Apologies if I’m wrong.

Wow lots to think about. There is a will of sorts, made in the last few weeks of X's life when they were still well enough to state their wishes but it doesnt give specifics, just requests the oldest child to split the money as they see fit after expenses have been paid. It was made in front of partner and both kids so all upfront and above board with no animosity. It's witnessed, signed and dated but not by a solicitor. With such a small estate it didnt seem necessary (and in fact there wasn't time) but I think it's legally binding - X had been stated to be in sound mind the previous day on medical paperwork.

Honestly all of the people involved get on really well, there's no intention of shafting anyone just a wish to be fair to all concerned.

In that case, it's entirely up to the eldest sibling. That being the stated wish expressed in the will.

X wanted it split 4 ways. I would give 30 per cent to each adult child and partner but 10 percent to the grandchild as I think generally it's unusual for a grandchild to inherit equally.

I'd split it 2k to each of the kids and 1k to the partner. Or equal split into three if they all really get on.

Or another way could be

£500 to the grandchild

Then £1500 each to the kids and partner

Split 2 between the 2 children.

Partner is not relevant if they didn't live together. Grandchild can have something from their parents part.

Tbh unless it would have life changing implications, its such a small amount once split I think I'd book a holiday for the 4 people to enjoy together.

The will if accepted and followed I assume would give an equal split in the absence of any other clue I guess.

I agree with this.

Just equally 4 ways as he didn’t specify otherwise. The circumstances of the beneficiaries aren’t any more relevant here than they would be in the context of a job (you do not become entitled to more or less salary depending upon your personal circumstances).

The law says that the children get £2500 each and the partner and GC get nothing. So it's the children of the deceased who decide what if anything they want to pass on.

Just to say the life info is given because it feels relevant - kids had X in their life for 40+ years, partner half of that. But partner is retired with little earning potential, kids are both earning and possibly have pensions etc.

It’s 5k. It is not worth one second of family drama.

if family drama is starting then I would ask one question, is there any possibility of the second sibling ever having a child? If the answer is no, then put all the money into an educational trust for the grandchild. If the answer is yes, then donate the money to charity.

again 5k is not nothing, but it is not going to change anyone’s life . It is not going to fund a retirement. It is not going to buy a house. It is not worth a second or family angst. It’s better for everyone to walk away from the money than to fight over it.