Advice Centre

Speak to a member of our specialist international team of UK family lawyers today on 0330 107 0107.

Making a Will is one of the most important legal steps you can take to ensure your wishes are respected after your death. In England and Wales, the law recognises testamentary freedom, which means you are entitled to leave your estate to whomever you choose. However, there are important matters to consider, especially if you are considering leaving unequal shares to your children. 

The Reality of Unequal Inheritance 

We often meet individuals with reasons for making unequal distributions, and we understand that cultural, personal, or religious values may play a significant role in shaping these decisions. What may seem entirely fair to a parent can unfortunately lead to disputes and emotional strain among those left behind. This is why taking legal advice is crucial. 

A parent may wish to leave more to one child because they: 

• Provided years of care or support, particularly during illness or old age 

• Have lower financial means 

• In many cases, cultural or religious beliefs also influence these decisions. For example, in some communities, sons may receive a larger share of the estate 

At IMD Solicitors, we are proud to support clients from a wide range of ethnic, religious, and cultural backgrounds. We fully appreciate the importance of these traditions and values and work carefully to ensure your will reflects them, whilst also ensuring that you are making informed decisions. 

Legal Position in England and Wales 

Although you are free to distribute your estate as you wish, the law also allows certain people to challenge a Will. Under the Inheritance (Provision for Family and Dependants) Act 1975, individuals such as spouses, cohabiting partners, and children may apply to the court if they believe they have not been left reasonable financial provision. These disputes are often emotionally draining and can be costly to resolve. 

Why Taking Legal Advice is Essential 

Leaving unequal shares is entirely legal, but it must be done with clarity, foresight, and proper documentation. A solicitor can help you: 

• Clarify your intentions: We will ensure your Will reflects your decisions  

• Explain your reasoning: You may choose to include a letter of wishes explaining your decisions. While not legally binding, it may assist your executors and help the court understand your intentions if needed. 

• Identify risks: A solicitor can assess whether your intended distribution may give rise to a challenge. 

• Review regularly: We recommend reviewing your Will every few years or after any major life events such as if family circumstances or financial situations change.  

Practical Steps If You Plan to Leave Unequal Shares 

If you are considering an unequal distribution between your children, here are some practical tips to help manage the process thoughtfully: 

• Have the conversation: If you feel able, speak to your children about your decisions. Clear communication may prevent conflict and confusion later on. 

• Use a professional: DIY Wills or unregulated services often miss crucial legal considerations. A well-drafted Will prepared by a solicitor can prevent ambiguity and ensure that you are making informed decisions.  

• Don’t delay: Difficult decisions can lead to inaction, but dying without a Will means the Intestacy Rules will apply, and these may result in outcomes you never intended. 

We’re Here to Help 

At IMD Solicitors, we understand that family dynamics are complex, and that culture and tradition can deeply influence how people choose to pass on their wealth. Our private client team take a sensitive and practical approach to Will writing, making sure your wishes are respected and legally protected. 

If you are thinking about leaving unequal shares in your Will, speak to us first. A properly considered Will, taking into account legal advice, can give you peace of mind today! 

Contact Rezwana Dithy, Private Client Solicitor at IMD Solicitors, who will be happy to assist you. 

To find out more about our services, visit International probate section of our website.

Call us now to discuss your case 0330 107 0107 or email us at info@imd.co.uk.