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 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.

[SabrePrattler]

50/50

The sons are the ones mentioned in the will, not the grandchildren.

[squareframe]

It's up to the person making the will to leave money for the GC if they wish, I don't understand why it's being decided now?

If there's no provision for the GC it should just be 50/50 between siblings.

[SeaDogs]

What does the will actually say? It’s very odd not to specify.

assuming it says something like “split between my children” then of course 50:50

[motogirl]

My parents have stated 30% to my 2 brothers and I, then 20% to each of the grandchildren (my kids) it was run past my childless brothers.

[StageRage]

I would say 50/50.

You are being very dignified in not resenting the outrageous self interested influence of your brother BIL.

[LesLavandes]

50 50

[Moosake]

@Benja1405

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.

Why has it been decided that? Is that what was in the will?

[WTF475878237NC]

50:50 between the sons. Imagine how insensitive if there had been a stillbirth or death of a child so one son has less kids?!

[Johnnysgirl]

What were the terms of the will? If it's just "it all goes to Frankie and Johnny" then of course it's 50:50.
Surely the executor has been able to explain this?

[Moosake]

@WTF475878237NC

50:50 between the sons. Imagine how insensitive if there had been a stillbirth or death of a child so one son has less kids?!

Yes or what if one of the 3 kids dies so they both have the same number of children.

[Namechangehereandnow]

@Benja1405

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.

So is there a will? does the will state 55/45?

[TeacupDrama]

if you want to leave money to grandchildren it should be separate ie 40% to child A 40% child B and 10% to be split equally between all grandchildren a t time of death and 10 % to charity Y or some such variation
however if all money left to children should be equal unless circumstances like one child got 20k earlier for something in which case 20k to child A as child B already has had 20k then 50/50 split wth remainder

[Benja1405]

Yes it does

[Moosake]

@Benja1405

Yes it does

Then why is the lawyer arguing differently?

[Namechangehereandnow]

@Benja1405

Yes it does

Assume that’s in relation to ‘does the will actually state 55/45’ - if that’s the case there’s nothing you can do, but that son is a CF and it would bother me A LOT. Does it make a big difference to the inheritance amount?

[WhyOhWine]

My will says 50:50 between my 2 children. I do not have GDC yet. When i do, I might amend it to leave a specific bequest to each DGC (£X each) or a % of the estate to DGC directly (split equally between them) with the remaining estate to be split 50:50 between the children.

[RiverSkater]

The son who gets more helped his Dying Father draw up the will? 😔

That's grabby.

[Benja1405]

He’s not arguing, he just commented that he didn’t think it was very fair

[knittingaddict]

Are you saying that the solicitor suggested a 50/50 split and was over ruled when the will was written? The will is done and dusted? Nothing to be done in that case.

[Beamish22]

As I've just said in AIBU - it's a very strange lawyer that would even suggest not following the directions in the will.

[tribpot]

It should have been 50:50, other sibling has pulled a fast one here but I suppose it could have been worse; he could have argued 5 grandchildren = 60% for him, 40% for you.

[knittingaddict]

@Beamish22

As I've just said in AIBU - it's a very strange lawyer that would even suggest not following the directions in the will.

I'm not even sure that's what happened. Both threads are a bit opaque.

I think it may be that the solicitor suggested a straight 50/50 split before the will was drawn up and was ignored.

[bloodyunicorns]

50/50. The money should go to the sons equally. If they want to then give some to their Dc, that's up to them.

[Johnnysgirl]

Op, why have you an identical thread running in AIBU?

[Courante]

My view is that this is unusual for a couple of reasons:

1. A larger than expected/usual (?) amount has been allocated to the grandchildren (10% each).
2. This amount hasn't been given to the grandchildren directly but tagged on to parents 25%

It would be more usual (in my experience) to just split 50/50 or split 50/50 after a small cash amount has been gifted individually to the grandchildren.

In percentage terms were given then I would think that 45/45/2/2/2/2/2 (so 51%/49% family split) to 1/3 :1/3 : 1/15 (x5) (46.7%/53.3% to each family) would be more expected.

I wouldn't say it is wildly unfair though.