Why did my siblings get more from Santa? Exploring unequal inheritance

Unequal inheritance is one of the most frequent catalysts we encounter when it comes to advising upon probate disputes. It is often misunderstood by those who find themselves receiving a fraction of what they expected, especially if another family member receives more. 

When a beneficiary receives less than somebody else (or, indeed, has to share an inheritance with somebody that they disagree should have received anything), the question is rarely confined to disappointment; it often prompts concerns about fairness, family dynamics and the validity of the Will itself. We frequently encounter clients seeking clarity on why such disproportionate outcomes occur and whether legal remedies exist.

Understanding unequal inheritance requires an appreciation of the difference between personal expectations and legal rights. English law places significant value on testamentary freedom, the ability of an individual to leave their estate as they choose, yet this freedom is not absolute. 

1. The Reasons Behind Unequal Inheritance

Disparities in inheritance can arise for a multiple of reasons, some entirely legitimate and others warranting scrutiny.

Testamentary Intent and Personal Reasoning

A testator may intentionally distribute assets unequally to reflect their personal values, life experiences or relationships. They may feel a particular beneficiary “needs” less financial support, has already achieved independence, or simply falls outside their most immediate emotional priorities. Sometimes very clear rationale exists, but the Will itself rarely explains it. The absence of explanation often causes concern for the disappointed beneficiary, even where the division is legally valid.

Lifetime Financial Provision

A very common factor resulting in unequal inheritance upon death stems from gifts made during the testator’s lifetime. A substantial financial gift, such as funding a house deposit or supporting a business, may be viewed as an “early inheritance”. As a result, the Will may compensate other beneficiaries by allocating a larger share to them. When this financial background is unknown or undocumented, the resulting inheritance can appear uneven but, when put in its context, the discrepancy can more easily be explained

Family Structures and Relationships

Modern family structures frequently create competing claims. Second marriages, step-children, cohabiting partners and estranged relatives complicate the testator’s obligations and intentions. A surviving spouse may be prioritised, with children receiving smaller initial gifts or a remainder interest under a trust. Conversely, children from a first marriage may be given a large proportion in order to protect their inheritance against the uncertainties of future relationships. These dynamics often generate intense disputes when one party feels their position has been diminished.

Concerns About Influence or Vulnerability

A significant unequal split of an estate  (for example, leaving 95% to one individual and 5% to another) can raise questions about the circumstances under which the Will was made. Where the testator was elderly, ill, isolated, or dependent on a particular person, late-stage changes can attract suspicion for example if instructions for a Will were amended substantively shortly before execution. Undue influence, lack of capacity and lack of knowledge and approval of the contents are all recognised grounds on which a Will may be challenged, but the burden of proof falls squarely on the person challenging in the first instance. 

2. When an Unequal Inheritance Can Be Challenged

A small inheritance immediately signals wrongdoing, but the law provides several mechanisms through which a beneficiary may investigate a potential claim.

A. Inheritance (Provision for Family and Dependants) Act 1975

The 1975 Act enables certain categories of people, including spouses, former spouses, cohabitees, children and dependants, to claim “reasonable financial provision” from the estate. Crucially, a claim can succeed even if the Will is valid and properly executed. Where the amount received leaves a beneficiary without adequate provision for housing, maintenance or general financial needs, the court may intervene and adjust the distribution – but only up to a minimum standard of maintenance. 

B. Challenges to the Validity of the Will

A Will may be declared to be invalid if it was made without the necessary mental capacity, under undue influence, or in breach of the formalities required by law. Medical evidence, witness statements and solicitor records often play an important role in establishing whether the testator understood the nature and effect of the Will and was acting freely.

C. Claims Based on Proprietary or Equitable Rights

In some circumstances, a beneficiary may have an independent right to property regardless of what the Will states, as the property complained of may sit outside the testator’s estate. This may arise through:

• Constructive or resulting trusts (such as property where deposit monies were provided as an investment but the property placed in the sole name of another)
• Proprietary estoppel (where promises are made and acted upon, but then not followed through with under the Will)
• Secret or half-secret trusts (the terms of which are only known by a limited few). 

3. What Beneficiaries Can Do When They Receive Less Than Expected

A beneficiary concerned about receiving only 5% of an estate can take several steps to investigate the position – but ultimately needs to appreciate that it is not their money to have any right to receive, and in England it has been public policy for centuries that a person can freely dispose of assets in whichever way they wish.

The first is to obtain a copy of the Will and, once probate is granted, a copy of the Grant.

A request could also be made to the Executors to see the estate accounts (if any have been produced). These documents provide essential context: the size of the estate, the identity of other beneficiaries and any conditions attached to gifts. Early legal advice is crucial, particularly because 1975 Act claims are subject to a strict time limits within which to bring a claim (without the permission of the Court). 

Beyond formal litigation, negotiation and mediation often offer constructive pathways to resolution. Many inheritance disputes settle out of court, usually to avoid cost, delay and emotional strain. 

Conclusion

Receiving a disproportionately small inheritance can feel profoundly unsettling. It often prompts a mixture of emotional distress and legal uncertainty - yet unequal inheritance is neither uncommon or automatically unlawful. Determining whether the distribution was justified requires analysis of family circumstances, testamentary intention, legal rights and the wider context of the estate.

Where concerns do exist, beneficiaries have meaningful ways to challenge. With early and informed guidance, it is often possible to reach a different outcome or at least gain clarity on the legal position.

The festive period provides ample opportunity for families to come together, but at the same time to fall out. Harsh words can be said in the moment, but if your clients approach you with issues like this, we would always recommend early advice is sought, before steps are taken through which there can have significant, and sometimes lifechanging, impacts on the unsuccessful party.