Understanding the Grounds for Unequal Inheritance

In the realm of estate planning, parents have considerable freedom to distribute their assets according to their wishes, even if those distributions are unequal. This article aims to clarify the legal principles and potential scenarios that might lead to such unequal inheritances.

Parents’ Freedom to Distribute Assets

Parents have the right to leave their money and property to whoever they choose, regardless of familial relationships. This principle is exemplified by cases like that of Jerry Lewis, who bequeathed his entire estate to his new wife and her daughter, while excluding his biological children.

Another family's decision to distribute their assets reflects a similar principle: two children receive nothing, while three others inherit everything. This is because the other three children actively maintain a strong relationship with their parents, often visiting or providing support regularly. A standing Saturday kayaking date with these three siblings underscores their willingness to care for the parents in their later years.

Specific Grounds for Unequal Inheritance

Unequal inheritance alone is not grounds for contesting a will. However, there are specific circumstances that might compel a court to make adjustments to the inheritance:

Complicity in Death: If an heir played a role in the death of the deceased, the estate may be adjusted to reflect this. Unable to Locate Ancestral Heir: If an heir cannot be found within a reasonable timeframe, the estate may be managed or distributed to others. Joint Ownership of Property: Heirs who jointly owned property with the deceased may require adjustments to reflect this shared ownership. Financial Debts: Situations where heirs are in debt to the deceased or vice versa might necessitate adjustments in inheritance.

Common Reasons for Unequal Inheritance

Parents are allowed to distribute their assets unequally for any reason, most commonly:

Natural Needs: Providing more assets to a child who is in greater financial need. Helpfulness: Benefitting children who have contributed more to the family, such as those who have helped with care or financial support. No Legally Mandated Requirements: Parents are not legally required to leave their children anything, which means they can choose to leave assets to charity, family friends, or whomever they see fit. Pre-devolution Giving: Parents can start giving away their assets while they are still alive, which can be done in installments or through gifts.

While these reasons explain unequal inheritances, it's important to note that the distribution alone doesn't provide grounds for contesting a will. Parents have the right to manage their assets and estates as they see fit, based on their understanding of their children's needs and contributions.