You are allowed to divide your assets any way you want when you draft your estate plan. For example, if you have three adult children who are your primary beneficiaries, you could give each of them one-third of your assets, which may be what they expect. However, you could also divide your assets unequally, such as leaving 90% of your estate to one beneficiary and just 5% to the other two.
Although you are legally permitted to do this, it is important to understand that it can increase the odds of an estate dispute. Unequal bequests tend to make conflicts more likely. These disputes can be emotional, as a beneficiary who assumed they would receive a larger share may feel slighted or insulted. They can also stir up sibling rivalries and other family conflicts.
They still have to show valid grounds for a contest
That said, the fact that unequal bequests can lead to conflict does not mean that your estate plan will automatically be overturned. Someone who challenges the will must still show valid legal grounds for doing so. An unequal division of assets alone is not sufficient to invalidate a will.
Instead, the challenger would need to demonstrate why the unequal division was improper or unlawful. For example, they may claim that you lacked testamentary capacity when drafting the estate plan or that another beneficiary exercised undue influence. There are many potential arguments, but they must show more than simple dissatisfaction with the asset distribution.
Estate planning and estate disputes can both be very complex, and those involved must understand what legal options are available to them.