Double Portions – Fairness amongst beneficiaries

When it comes to inheritance and estate planning, fairness among beneficiaries is a central concern. One principle designed to uphold this fairness is the presumption against double portions. Though rooted in equity and tradition, it remains highly relevant in today’s legal landscape, particularly in the interpretation of wills and lifetime gifts.

This article is essentially aimed at parents. Specifically, those who have provided or plan to provide their child with a substantial life provision — for example, giving them a large sum of money for a house or buying them a car. However, these parents have not given an equal amount of money or delivered the same substantial provision to their other children. Once the parent has died, their Will typically splits the Estate between all their children equally- however, one child has benefitted from a Lifetime Gift and the rest inherit less as a result. At its core, the presumption is based on a simple idea about fairness among children. A parent is not generally presumed to give one child a “double portion” through both a will and a lifetime gift.

The presumption against ‘double portions’ ensures equality and reinforces what the Testator likely intended after their death.
A Judge or Court can order a child who received a ‘double portion’ to give wealth to other beneficiaries. Wills that don’t address lifetime gifts or explain why one child benefitted over another can lead to disputes. This leaves the estate open to contestation, causing emotional turmoil, legal fees, and a reduced inheritance for everyone involved. There are plenty of reasons Testators can financially support one child over another, but without providing testamentary provisions a court case can ensue.

The presumption against double portions acts as an important check to ensure equitable distribution among heirs, particularly children. However, its application hinges on the specifics of each case — especially the testator’s intentions and the sequence and nature of the gifts.

Estate planning is as much about clarity as it is about fairness. To avoid disputes, individuals should clearly document intentions, especially when giving substantial lifetime gifts after making a will. Doing so not only helps protect their wishes but also minimises the risk of legal challenges among beneficiaries.

If this article resonates with you or if you think it might help in the future, please get in touch with the Wills Trusts and Probate team.