In some cases, people who have drafted estate plans will split everything they own as equally as possible. But in other cases, they will decide that they want to use unequal bequests. A parent with two adult children may not necessarily leave them each 50% of their wealth, for example, but could weigh it significantly in favor of one of those children.
Naturally, the one who received fewer assets may be frustrated by this and may want to challenge the estate plan. But can they do so simply because the division was not equal?
They still need a reason for the challenge
No, unequal bequests are not enough to challenge an estate plan. There is no legal provision stating that a parent has to split up their assets equally or that they even have to leave something to specific beneficiaries. A parent could entirely disinherit one of their adult children if they wanted to do so.
However, unequal bequests do sometimes increase the likelihood of disputes and conflicts, especially because there may be questions about why things are not equal.
For instance, the beneficiary who received less may claim that their parent actually did want to split everything up equally. But the sibling who received more exerted undue influence on that parent near the end of their life. They manipulated them or coerced them so that they would alter the estate plan. Undue influence is a valid reason to challenge the plan, even if unequal bequests on their own are not.
The legal process
When these types of disputes arise, families need to know how to navigate the legal process and find a solution. It is important for all involved to understand their rights and their options at this time.