When you are writing your estate plan, you may feel some pressure to find an equal distribution of your assets. You do not want any of your adult children or other beneficiaries to feel slighted. It is very common for adult children to assume their parents are going to split up an estate evenly, even if they have never had a conversation about it together.
One important thing to note is that there is no legal requirement for equal division. You are the one who owns the estate, and you are the one drafting the estate plan, so you have full control over how your assets are divided. You can leave greater or lesser amounts to beneficiaries as you choose, and that alone is not enough to negate your estate plan or call your will into question.
Could it lead to disputes?
That said, it is important to recognize that unequal bequests can increase the odds of disputes or arguments between beneficiaries. These may not even be legal in nature, but simply personal conflicts. A sibling who received less may feel resentful of the sibling who received more, which can cause long-term issues between adult siblings or different branches of your family.
In some cases, unequal bequests may even lead to a legal challenge. The beneficiary who received less may claim that a sibling used undue influence to manipulate you or coerce you into changing the estate plan, for example. So if you do decide to use unequal bequests, it is a good idea to talk to beneficiaries in advance or leave clear written instructions showing that this is really what you wanted to do.
Splitting up assets is just one of the first steps to take when making an estate plan, so be sure you understand all of the options you have and the legal tools at your disposal.