When one sibling receives more than another, the word “unfair” surfaces almost immediately. The assumption is straightforward: if love was equal, the distribution should be too.
But that assumption — while emotionally understandable — has no legal basis. A will that distributes assets unequally is not automatically invalid, contestable, or even morally wrong.
The Legal Right to Make Unequal Wills
Under Victorian law, a person has the right to distribute their estate as they choose, provided they have testamentary capacity and are not subject to undue influence. There is no legal requirement that children receive equal shares.
Parents make unequal distributions for many reasons:
- One child received significant financial support during the parent’s lifetime
- One child has greater financial need
- One child provided ongoing care to the parent
- One child was estranged
- The parent simply had different relationships with different children and chose to reflect that
None of these reasons require justification to beneficiaries.
The Emotional Logic vs the Legal Reality
Beneficiaries who receive less often build a narrative: “She loved us equally, so this must have been influenced by someone.” “He wasn’t in his right mind when he made this.”
For a challenge to succeed on the grounds of undue influence or lack of capacity, there must be actual evidence — not just the fact of an unequal distribution. The distribution itself is not evidence of anything except the deceased’s choice.
What Executors Need to Understand
As an executor, your obligation is not to achieve an outcome everyone considers fair. It is to implement the outcome the deceased chose. When you understand this clearly, you can hold your position in the face of pressure without feeling that you are being unfair. You are not deciding anything. You are following documented instructions.
When “Unequal” Does Become a Legal Issue
In Victoria, family provision legislation allows eligible persons to make a claim if they believe the estate has failed to make adequate provision for their proper maintenance and support. This is a formal claim against the estate — not a basis for informal pressure against the executor.
Conclusion
Equal is a value. Equitable is a different value. And under the law, parents are not required to choose either.
When a will distributes assets unequally, it is usually because the person who made it had reasons — reasons they were not required to explain and you are not required to defend.
At Fennelly Legal, we help executors understand the legal foundations of the estates they administer, and hold their position calmly when challenged. Reach out to Fennelly Legal today.