Your estate plan does not need to divide your assets equally. You are fully free to use unequal bequests if you believe that is the correct course of action. If you have two children, for example, it is up to you if you want to give them both 50% of your assets or if you would rather leave a larger percentage to one child.
That being said, your children may assume that your estate plan will be split up rather evenly. Even though it is not a legal obligation for you to do so, it is important to understand that there are some risks to using unequal bequests. They can increase the odds of estate challenges and estate disputes.
A valid reason to challenge the will
When disputes arise, it is important for the person starting the will challenge to have a valid reason to do so. Just because they are unhappy that they received less than a sibling does not mean they can automatically challenge the will.
However, unequal bequests do make this more likely because they may not believe that the will reflects your true wishes. Maybe they will accuse a sibling who received more of using undue influence to skew the estate plan in their favor, for example.
This is why it is often helpful to talk with your beneficiaries in advance. Tell them what you are planning and have conversations so that they know what to expect and they understand the reasoning behind your decisions.
Setting up your estate plan
Estate planning can be complex, and dividing assets is just one of the first steps you will need to take. Be well aware of the legal options you have at this time.