Information / Education

When Unequal Shares May Be the Fair Choice

  • December 2025
  • By Anné Desormier- Cartwright, JD, Esq.

There are many real-life situations where dividing your estate equally among your children may not reflect what is truly fair. A good estate plan allows room for flexibility based on each child’s circumstances, contributions, and future needs.

      For example, not all children have the same financial stability. One child may have a high-paying career and strong financial habits, while another may be living paycheck to paycheck or struggling with job loss or medical expenses. In that situation, leaving a larger share to the child who needs more support can be a compassionate and practical choice.

      Another common scenario involves caregiving. If one child has devoted significant time, effort, and personal sacrifice to care for you, it may be reasonable to acknowledge that role through a greater share or a specific gift. Caregiving often impacts a person’s ability to earn income, and compensation through inheritance can help restore that lost opportunity.

      Estate planning should also take into account the emotional reality of family dynamics. Simply dividing your estate equally without recognizing major differences in contribution, effort, or need may unintentionally create resentment among your children after you are gone.

      Choosing to leave different amounts to different children is not about favoritism — it is about being thoughtful and intentional. Fair planning looks at the whole picture, not just an even split.

      Next month, we will continue exploring this topic by looking at planning for children with different life needs, including young children, children with special needs, or children involved in the family business.

      Questions about your estate plan? Call our office at 561.694.7827 and schedule a consultation. Elder & Estate Planning Attorneys PA, 480 Maplewood Drive, Suite 3, Jupiter, FL.

      The content of this article is general and should not be relied upon without reviewing your specific circumstances by competent legal counsel. Reliance on the information herein is at your own risk, as it expresses no opinion by the firm on your legal needs. An attorney–client relationship is not created through the information provided.