Unequal Split for Kids Inheritance

elliebean_2

As others have said you can leave what you want to who you want in your Will and you can't stop anyone challenging your Will. But one of the main reasons a Will may be successfully challenged is due to something called the Inheritance (Provision for Family and Dependants) Act 1975. What this means is that if somebody has been financially depenedant on you in any way during the past 2 years and you haven't made reasonable provision for them in your Will they can have a claim on your estate.

You don't state your son's age. If he isn't a minor and not dependant on you either financially or for a roof over his head, it is highly unlikely that he could bring a successful challenge against your Will. You are leaving him a substantial amount anyway. If you wish to explain the inequality between your children's inheritances you could leave a letter with your Will but that is your choice.

I often write Wills for people who want to leave one or more of their children out of their Wills entirely but don't feel a need to leave an explanation. They generally feel that their child or children will know why they've been omitted.

Mrs_Optimist

You should let your main beneficiary know what you are planning to do - in my opinon. It is your money to do with as you wish - why dont you either spend the remaining 25 share or leave it to the local cats home!!!! My FIL owns a house outright - 200k and has shares and other investments. He is too tight to spend the money whilst he is alive (believe me we have tried to encourage him to enjoy it). My husband has 2 other brothers who have not bothered with their dad for years. he has therefore left everything to my husband and informed him that if he want to share it that is up to him. I can see us having an argument when the time comes - I would rather the money go to my two children (his only grandchildren) who see him every week and whom he dotes on. I do not see why my BIL should get a penny - they haven't bothered even with birthdays cars so why should they benefit? I think that people should discuss their wishes after their death and how they would like to be buried etc. I mean you plan other big ocassions in your life, why not your death too? I totally agree with the OPs stance - good for her!

livinginhope

Am I the only one on here who thinks this is an awful decision? there is always a reason why children turn 'vile' as you put it and I think it a very sad situation that you could call your own son vile,I am not judging you,I don't know the full facts,but in my opinion there is NOTHING that my children could EVER do that would make me feel any less for them,or treat them differently especialy at a time when they are going to need each other.Your son is going to go through his life feeling unwanted and second best,I am sorry but I don't think you have any right to do this when he is never going to get closure,basically you are having the last word,or laugh,and your son will have to carry that forever.Have you thought how your other children will feel? they may think it unreasonable behaviour too and tarnish their memory of you.
Sorry if this offends anyone,but it's just how I feel

Rosie75

Livinginhope - I'm sure the OP hasn't made this decision lightly and I don't think it's fair to assume she is doing this to "have the last laugh". I can certainly see situations in which someone might chose to divide their estate unequally. If, perhaps, you thought that the money might do them more harm that good: would you want a son who was addicted to drugs or gambling to have that kind of money at his disposal? None of us know what the situation is and I don't think we have the right to assume that the OP's decision is unreasonable.

livinginhope

Rosie75 wrote:

Livinginhope - I'm sure the OP hasn't made this decision lightly and I don't think it's fair to assume she is doing this to "have the last laugh". I can certainly see situations in which someone might chose to divide their estate unequally. If, perhaps, you thought that the money might do them more harm that good: would you want a son who was addicted to drugs or gambling to have that kind of money at his disposal? None of us know what the situation is and I don't think we have the right to assume that the OP's decision is unreasonable.

As I said in my post,I don't know the full facts and I am not judging the OP,I said 'in my opinion'.
Children should always be treated equally,if you don't want one to have something,then the other shouldn't get it either,as said my opinion and no offence meant.

funky-footprints

as others said i dont judge you as vile .... it is your business why this decision has to be made. My dad & mum re-wrote thier wills last month, after realising they should of done it 10 years ago .... thats how long my brother has been married to a witch of a woman and he basically hasnt come home during that time ......... they are now going through a messy split, with no sign as yet of a divorce, my dad has tied things up so his daughter in law wont get anything !!! We dont even know if a divorce is on the cards. my brother has now re-appeared and he & my dad are slowly mending very broken fences, waving on the road as they drive by each other is a huge step !!!!!

The evil Madam contested her grandmothers will, as her home was left to her sister ...leaving her with nothing ..she didnt need for anything ..where as her sister will never get out of the whole she has dug. The home ended up being sold and everything split 50 - 50, hardly the grandmothers wishes.

So as some have advised, and like my dad has done please word it well ..... as things can get messy. it took a lot of nagging on mine & my other brothers part for my dad to see the light.

skippie

It does seem a bit harsh, and has been alluded to here the leaving of such differing sums could and probably will lead to bitter feuding and resentment in the future.

My Grandfather died when he was 44 and left a wife and four daughters a lavish estae (massive house, very sucessful business) but as he hadn't written a will it all went a bit mental. The eldest daughter generally got a !!!! load, and destroyed/sold most of it (expensive furniture/ considerable cash, jewlery) And my Ma and the other tow sisters had their education paid for, and the trustees paid for their first houses. My Grandma was also catered for.

It all seemed pretty equal, however the eldest daughter, apple of my granfathers eye (in the absense of a sun) was always resntful of dealings of the will.

This caused great disagreement and friction between her and her sisters. And she was always on bad terms with my grandma, as were here children. The sisters also took umbridge with her husband etc.

Basically now the situation is that the eldest dughter has an appalling relationship with my ma's twin sister and the youngest daughter as well as a mixed relationship with my ma.

Its all very frightful, and as a result sisters and cousins have become very distant and intolerant. Tis all a great shame.

You have to ask yourself, that by making this decision is your family going to head the same way once you are gone?

skylineboy2002

this is possible...

my dad will be getting a £amount extra than his borther and sister, after he lent them some money they agreed he can be paid back by having it paid back extra on his half of his mums will...

Crispy_Ambulance

I agree it is your money and you can do with it as you wish. However, you will not be here to deal with the fallout and as many of us will know from experience, death and inheritance can bring out the worst in people. Might it be worth talking to your children about this before you die to try to minimise the arguments etc afterwards? Or writing a letter to each of them to explain what you have decided to do?