The division of the estate is not always an equal divide. Usually a parent’s last Will and Testament will include a section detailing the division of their assets. In this section, the Will details which of the siblings have rights to which property passed from the decedent.
Many parents and relatives choose to divide their assets evenly between siblings. However, when the division of assets favors one sibling over another, tensions can usually arise between siblings over what is and is not fair. This is especially difficult if the family is not on good terms.
Ultimately if there is a final Will and Testament, it is completely up to the wishes of the decedent that determines how their assets will be divided amongst their surviving family members. There are many rational reasons why a parent may divide their estate unequally, providing one sibling with more inheritance than the others. These can include:
- Leaving a small portion of the estate to a sibling who received greater financial support while their parent was still alive.
- Receiving divisions of the estate related to a sibling’s current financial position (for example, those with less financial security may receive more than their siblings).
- More significant portions were left to siblings who cared for their parent(s) prior to their death.
- Greater financial support to siblings who are disabled or require constant medical care.
- Leaving greater divisions to those with more grandchildren.