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Original poster

Inheritance split - how to split when siblings have different numbers of children

111 replies

Benja1405 · 08/06/2022 15:21

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 50/50 between the two sons. Son with 3 children thinks 55/45 in his favour is fairer as he has more children. Just interested in views, thanks.

OP posts:
MacavityTheDentistsCat · 08/06/2022 15:22

50:50. No question.

PaddingtonBearStareAgain · 08/06/2022 15:23

50/50 split as lawyer has suggested. The DS are the next of kin, not their DC.

Brava · 08/06/2022 15:23

50:50 definitely

CrushedPistachios · 08/06/2022 15:24

50/50.

if the deceased wished for it to be any other way, then they had the opportunity to make that known.

PuggyMum · 08/06/2022 15:25

50/50

LimesandClementines · 08/06/2022 15:25

50/50, if the DP wanted the DGC to have any inheritance that needed to be put in the will, what each DS decides to do with that money is up to them (eg give some to their DC or not).

AnnaSW1 · 08/06/2022 15:26

50-50

126orbust · 08/06/2022 15:26

50:50

tealandteal · 08/06/2022 15:27

What does the will say? If the parent wanted it split a particular way they would have stated. Otherwise 50:50. The money is for the beneficiaries of the will and up to them how they split it (or not) with their children.

Badbadbunny · 08/06/2022 15:27

50:50 definitely, it's the children who are inheriting, not the grandchildren.

Alternatively, they could cut out the children completely, and give 20% to each of the grandchildren directly.

If the son with more children gets more than 50% there's no guarantee the 3 grandchildren would benefit more, or at all, if the son just spent a shed load of it himself!

tealandteal · 08/06/2022 15:27

Also either sibling could go on to have more children.

Pemba · 08/06/2022 15:28

Unless the deceased parent was leaving money directly to the grandchildren, which I assume is not the case, then it should normally be 50/50 between the 2 sons I believe. It was the father of 3's choice to have 3, so his resources have to be spread thinner, that's just life. And anyway, what's to stop either of the brothers having more kids!

Namechangehereandnow · 08/06/2022 15:28

50/50. The estate is between children, not grandchildren.
Assume hypothetical question as the will states everything? ….

BadWolf2022 · 08/06/2022 15:29

50:50

maxelly · 08/06/2022 15:29

In whatever proportions the will says! Sorry to be glib, but in England and Wales a properly executed will should leave no room for doubt or debate, and 'fairness' doesn't come into it. It can say 99% to one son and 1% to the other for the most capricious of reasons or no reason at all and legally (outside of a few very specific situations) that is what will happen so I'm not sure why your lawyer is giving the impression it's up for debate? Or are you talking about doing a deed of variation, which has to be agreed by all parties?

If your question is what I'd do as the person making a will, I would: funds allowing I would leave a specified amount to each grandchild (not naming my grandchildren specifically if there was any chance more would be born after the will was made), then divide the remainder equally between my children, unless there were particular circumstances that meant one child truly needed more than another (thinking special needs, extreme financial hardship and so on).

PatriciaHolm · 08/06/2022 15:30

if there is a will, surely it's in there clearly? there shouldn't be any scope for discussion if there is a will, unless it is a very poorly written one!

Namechangehereandnow · 08/06/2022 15:31

I assume you’re the son with 3 children and feel it’s unfair?

Pemba · 08/06/2022 15:32

I should add that my parents are leaving a share of their estate directly to their 3 grandchildren, one of the DGCs is mine, the others are my sibling's DCs. I don't think it is unfair, they are here now and all beloved DGCs, it would be more unfair if DD got a bigger share just for being an only child!

But this is different, seems the grandparent has only left money directly to their 2 sons.

ScootsMcHoy · 08/06/2022 15:33

50/50. The deceased had two sons so half each. What they have chosen to do with their own lives and how many dc they have decided to have is completely irrelevant.

easyday · 08/06/2022 15:33

Assuming the Will said 'to be shared' rather than 'split'? Bad advice from lawyer then. But I think 50/50.
My mum did it a third each (three sisters). Eldest doctor with no kids, second widowed two kids, third single mum with one disabled kid. We all thought it was fair.

Moosake · 08/06/2022 15:34

50/50 unless will states otherwise

Original poster
Benja1405 · 08/06/2022 15:34

Namechangehereandnow · 08/06/2022 15:31

I assume you’re the son with 3 children and feel it’s unfair?

No we're the two and it's already been decided 55/45 - son with 3 children helped father make the will when he was dying. We're not arguing it, just wondered what people's views were.

OP posts:
Parky04 · 08/06/2022 15:35

50/50 obviously, unless will states otherwise.

Cameleongirl · 08/06/2022 15:35

My in-laws have four adult children and only one of them (my DH) has children. Their wills divide everything equally between their adult children.

If they decided to leave something separate to the GC, fair enough, but unless the will specifies that, everything should be divided equally.

timbee2b · 08/06/2022 15:37

50:50, the one with 3 kids is a CF