Some estate plans are written with equal bequests for all beneficiaries. A parent who has four children may simply leave 25 percent of their estate to each person. This keeps things simple.
But equal distribution is not required. Unequal bequests are possible, and they are becoming more common. In some cases, dividing assets in an uneven fashion can actually lead to estate disputes, family feuds and even will challenges.
The reason for the unequal bequest
The first thing to remember is that an unequal bequest itself is not a valid reason to challenge a will. For instance, one sibling may expect to receive 50 percent of an estate but only receive 10 percent, while 90 percent goes to another sibling. Just because they are unhappy about receiving a smaller portion does not mean they automatically have a right to challenge the plan.
However, the reason for that unequal bequest may open the door to a potential challenge. Perhaps the parent had a mental condition like Alzheimer’s, so the sibling who received less claims that the parent did not have testamentary capacity. Did they actually mean to draft the estate plan in an unequal fashion?
Another example could be undue influence. The person who received less may claim that the individual who received more manipulated the elderly parent and coerced them into changing the estate plan. The allegation would be that those changes were not made of the parent’s own free will and should not be binding.
Addressing an estate dispute
This helps to show how and why unequal bequests, even though they are legal in their own right, can sometimes lead to issues during estate administration. Those who are involved in a will contest need to be well aware of all of their legal rights.