Can I Leave Different Amounts to My Children?

Testamentary freedom means you can divide your estate between your children in whatever proportions you choose, including leaving one child significantly more than another, or excluding a child altogether. There is no rule requiring equal treatment, and courts do not intervene simply because a distribution seems uneven.

This flexibility exists because families differ enormously. One child may have already received substantial financial help during your lifetime, such as help buying a home; another may have greater ongoing needs, for example due to a disability or lower earning capacity; and family relationships themselves can differ. A will lets you reflect these realities rather than being forced into a formula.

Unequal wills are more common than people often assume, and there are usually understandable reasons behind them. Recognising your own reasons clearly can help you explain the decision, whether to family now or through a written note kept with your will.

Typical situations include one child having received significant lifetime gifts such as a deposit for a house, a child with a disability or additional needs requiring greater long-term support, a child who has been estranged for many years, or a child who has provided significant care and support that others have not.

Unequal inheritance is one of the most common causes of family conflict and will disputes after death, often not because of the money itself but because of what the unequal treatment seems to say about how a parent felt about each child. Being open about your reasoning, either while you are alive or through a letter of wishes kept alongside your will, can significantly reduce misunderstandings.

A letter of wishes is not legally binding and does not form part of the will itself, but it gives your executors and family context for your decisions, which can be valuable if questions or tension arise. It should be consistent with, not contradictory to, the wording of the will.

A child who receives less than they expected, or nothing at all, can potentially bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe the will does not make reasonable financial provision for them. Adult children generally face a higher hurdle in these claims than a spouse or a minor child, particularly if they are financially independent, but a claim is still possible and cannot be entirely ruled out.

Taking legal advice before finalising a will with significantly unequal shares, particularly where a child is excluded altogether, helps you understand the practical risk in your circumstances and consider steps that may reduce it, such as clear drafting and a supporting letter of wishes.

Whatever your reasons, the will itself needs to state the shares clearly and unambiguously, whether as percentages of the residuary estate, specific sums, or a mix of specific gifts and a residuary split. Vague or inconsistent wording is far more likely to cause disputes than a clearly stated unequal split ever is.

My Posh Will's guided online process allows you to set out exactly how much each child should receive, alongside fallback arrangements if a child dies before you. A single will costs £69 and mirror wills for couples cost £89, both one-off payments with lifetime access. If your family situation is complicated, complete the self-check below or speak to a solicitor before finalising your decisions.