• 04
  • October
    2011

There are many reasons why a parent might want to divide their estate unequally among their heirs. This is a perfectly legal, moral and common practice, but one that may cause friction between family members if it is not well planned. Good estate planning attorneys advise their clients to take special precautions if they want to leave one child more or less than the others. These steps can save time and trouble, and spare hurt feelings later.

One of the most common steps that estate planners advise is to leave a letter or video in addition to the will explaining the reason for the decision.

Perhaps one child is handicapped or has greater financial needs than the others. Perhaps one has left a career to devote her time to caring for her ailing parents. Whatever the reason, a brief explanation that the unequal division doesn't mean unequal love and affection will do a great deal to soothe hurt feelings and lower the likelihood of the will being challenged. A well-written letter or good video can also be used to prove that the benefactor was of sound mind when the will was made.

In the case of a particularly fractious or litigious family, Florida estate planning attorneys often advise their clients to make serial wills. Changing a minor detail in a will every year or two, while leaving the main portions the same, shows that the benefactor did not change his mind about his intention to divide his assets unequally. The series of wills show that the client did not act on a whim when writing out his last one.

Finally, estate planners suggest a clause disinheriting any challenger. People are more willing to accept less if they know that the alternative is inheriting nothing.

Source: WSJ "Wills: How to Give One Child Less" Sept. 10, 2011