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Can I Leave My House to One Child and Money to Another?

· 23 min

Note: The following scenario is fictional and used for illustration.

Margaret, 67, owns a £480,000 house in Somerset that she's lived in for 35 years. She has two children: Emma, who lives locally and has provided her with care and companionship for the past decade, and James, who lives in Australia and whom she sees once a year. Margaret wants to leave the house to Emma and divide her £200,000 in savings equally between both children. "I know it's not equal," she told her solicitor, "but Emma has been here for me, and James has his own successful life abroad. I'm terrified they'll stop speaking after I'm gone."

Margaret's dilemma is increasingly common. Only 53% of UK parents now plan to divide their estates equally, with approximately 10,000 individuals challenging wills annually in England and Wales. The question isn't whether you can leave your house to one child and money to another (you absolutely can), but how to do it in a way that respects your wishes while minimizing the 38% chance your children will dispute your will.

This guide will show you exactly how to distribute your estate unequally without destroying your family in the process.

Table of Contents

Yes, you can legally leave your house to one child and money to another in the UK. This right comes from a principle called "testamentary freedom"—you control who gets what in England and Wales.

You can leave your entire estate to one child, divide it unequally among several children, or even leave nothing to your children if you choose. The law gives you complete freedom to distribute your assets as you wish.

However, this freedom isn't absolute. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals—including spouses, former spouses, children, and dependants—to apply to the court for financial provision from a deceased person's estate if they believe the will does not provide reasonable financial support.

This matters because if you die without a will, intestacy rules automatically divide your estate equally among your children (after any spouse's entitlement). With 47% of UK parents now planning unequal inheritance, having a clear will isn't just recommended—it's essential.

David, 72, left his £350,000 London flat to his daughter Sarah, who had cared for him through his cancer treatment, while leaving £150,000 in savings divided equally between Sarah and his son Michael. This is completely legal under UK law. However, Michael could potentially challenge this under the 1975 Act if he could prove he had not received "reasonable financial provision."

But legal doesn't mean unchallenged. Understanding why you might choose unequal distribution is the first step to defending that choice.

Why Parents Leave Houses to One Child

Here's the thing no one tells you about leaving unequal amounts: the legal part is straightforward—it's the family part that keeps you awake at night.

Parents choose unequal distribution for compelling, practical reasons:

Caregiving contributions matter. Emma gave up her job to care for her mother for five years. Her brother lived 300 miles away and visited monthly. Leaving the family home to Emma compensated her lost earnings and recognized her sacrifice.

Prior financial help creates imbalances. James received £80,000 for a house deposit 10 years ago. His sister received nothing because she was already a homeowner. Their father adjusted his will to give the sister the house (valued at £320,000) and James only personal possessions, balancing the lifetime support both children received.

Financial disparities between children are real. One child may have significant wealth while another struggles. One might have special needs requiring ongoing support. These circumstances matter when planning fair (not equal) distributions.

Property preservation drives decisions. The Johnson family farm has been in the family for four generations. Of three children, only one planned to continue farming. Leaving it to all three would have forced a sale to buy out the others, ending a legacy that meant everything to the family.

Geographic proximity affects expectations. When one child lives in or near the family home and genuinely wants to keep it, while others have established lives elsewhere, leaving the property to the local child often makes practical sense.

Estrangement happens. Some parents have limited or no relationship with certain children. While painful, this reality influences inheritance decisions.

Research shows 47% of parents plan unequal distribution, with 65% preferring lifetime transfers over lump sums at death. You're not alone in making this choice—but you need to make it carefully.

These reasons may be compelling to you, but will they stand up to legal scrutiny if challenged?

Understanding the 1975 Act: When Children Can Challenge Your Will

The Inheritance (Provision for Family and Dependants) Act 1975 is the legal framework that allows will challenges. Understanding it protects your wishes.

The Act allows your children to challenge your will if they believe it doesn't provide them with "reasonable financial provision." Here's what that means in practice.

Who can claim and when: Any child—minor or adult—can make a claim within six months of probate being granted. This deadline can be extended by the court in certain circumstances, but most claims must be filed within this window.

Different standards apply to different children. Minor children have an automatic right to maintenance until they reach 18 (or finish full-time education). Adult children face a higher bar—they must prove financial need or dependency. An independent adult child with their own home and career will struggle to succeed. A disabled adult child requiring ongoing care has a strong case.

The court considers multiple factors: the applicant's financial needs and resources, beneficiaries' needs and resources, estate size, any obligations the deceased had to the applicant, the applicant's physical or mental disability, and any other relevant matter.

Success rates vary dramatically by circumstance. In 2024 alone, a record 3,061 applications to challenge wills were filed in a single quarter, marking a 56% rise over five years.

When Robert died leaving his entire £600,000 estate to his eldest son, his 16-year-old daughter from a second marriage received nothing. The court ruled this didn't provide reasonable maintenance for a minor child and awarded her £200,000.

Contrast this with Sarah's situation. She challenged her father's will that left the family home to her sister while she received only £50,000. The court found Sarah was financially independent with her own home and career, and her sister had been the primary caregiver. The challenge failed.

Thomas, 42, has cerebral palsy and limited ability to work. His father's will left everything to his sister. Thomas successfully claimed under the 1975 Act, arguing his disability meant he required ongoing financial provision the will didn't address.

Claimant Type Success Likelihood Key Factor
Minor child High Automatic right to maintenance until 18
Adult child (dependent) Medium Must prove financial need or dependency
Adult child (independent) Low Hard to prove inadequate provision
Adult child (disabled) High Ongoing needs trump testamentary freedom

Understanding these risks doesn't mean you can't leave unequal amounts—it means you need to structure your will carefully.

How to Structure Unequal Inheritance in Your Will

The mechanics of drafting a will with unequal distribution require precision. Vague language invites disputes.

Use specific gifts for the property. Name your property by full address and title deed description: "I give my freehold property known as 15 Oak Lane, Bristol, BS8 2LN, together with all fixtures and fittings, to my daughter Emma Jane Smith absolutely."

Address the residuary estate clearly. Everything not specifically mentioned in your will—your "residuary estate"—needs a clear destination. "I give the residue of my estate to my children Emma Jane Smith and James Robert Smith in equal shares absolutely."

Include substitution clauses. What happens if the child you're leaving the house to dies before you? "If Emma predececes me, this gift shall pass to her children in equal shares absolutely."

Consider trusts for vulnerable beneficiaries. If the child inheriting property is under 18, has special needs, or you want to protect the asset from divorce or creditors, a trust provides structure and protection.

Address mortgages and debts explicitly. If your house has a £100,000 mortgage on a £400,000 value, specify whether the inheriting child receives it subject to the mortgage (net £300,000 value) or whether the mortgage is paid from the estate first. This affects fairness calculations dramatically.

Account for joint ownership. If you own your home as "joint tenants" with a spouse, it automatically passes to them regardless of your will. You must first convert to "tenants in common" to leave your share to a child.

Susan wanted her house to ultimately go to her biological children, but allow her second husband to live there until his death. She used a "life interest trust"—he could live there, but couldn't sell it or leave it to his own children.

Essential elements for unequal will distribution:

  • Property described by full legal address
  • Clear identification of each beneficiary (full legal names)
  • Substitution clause if beneficiary dies before you
  • Residuary estate clause for everything not specifically mentioned
  • Executor powers to sell property if necessary
  • Letter of wishes explaining your reasoning

But legal language in your will isn't enough. Your most powerful tool for preventing disputes costs nothing and isn't legally binding.

The Letter of Wishes: Your Secret Weapon Against Disputes

A letter of wishes is a non-binding document that explains your reasoning. Despite not being legally enforceable, it's remarkably powerful for preventing disputes and hurt feelings.

Why it works: Courts may consider it when evaluating 1975 Act claims. It gives context that humanizes your decision. It helps executors understand your intentions. Most importantly, it can reduce emotional damage even if your distribution stands.

The letter should be signed, dated, and stored with your will. Be specific about your reasons, use "fairness" language rather than "equality," and express love for all children explicitly.

Here's an effective structure:

Letter of Wishes

4 November 2025

To my executors and family,

I am writing this letter to explain the decisions I have made in my will, particularly regarding the unequal distribution of my estate.

I have decided to leave my house at 15 Oak Lane, Bristol, to my daughter Emma, while dividing my remaining assets equally between Emma and my son James. This decision was not made lightly, and I want to explain my reasoning:

  1. Emma has lived near me for the past 15 years and has been my primary caregiver, especially during my health challenges in 2023-2024. She has given me countless hours of her time, often at the expense of her own career opportunities.

  2. James lives in Australia with his successful career and substantial property portfolio. While I love him deeply, his financial circumstances are very different from Emma's.

  3. I provided James with £75,000 in 2015 to help him start his business. Emma received no equivalent lifetime gift.

  4. Emma has expressed a desire to remain in the family home, which holds significant emotional value for her.

I am not trying to favor one child over the other. I am trying to be fair by taking into account their different circumstances and the different support I have given them during my lifetime.

I hope both my children can understand and respect this decision. My greatest wish is that they maintain their relationship after I am gone.

With love,

[Signature]

Be specific about reasons—caregiving hours, prior gifts, financial disparities. Address emotional value alongside financial value. Date and sign it, even though it's not legally required.

Of course, the house itself isn't the only consideration—tax implications can significantly affect what your children actually receive.

Tax Implications of Leaving Property vs. Cash

Inheritance tax is calculated on your total estate, not individual gifts. This matters because the way you structure your will affects how much your children actually inherit.

Current thresholds for 2024-2025: £325,000 nil-rate band plus £175,000 residence nil-rate band (if your house goes to a direct descendant). Above £500,000 total, you pay 40% inheritance tax on the excess.

Here's how this works in practice:

Margaret's Estate:

Assets:

  • House: £480,000
  • Savings: £200,000
  • Total estate: £680,000

IHT Calculation:

  • Nil-rate band: £325,000
  • Residence nil-rate band: £175,000 (house goes to daughter Emma)
  • Total tax-free: £500,000
  • Taxable amount: £180,000
  • IHT due (40%): £72,000

Distribution After Tax:

  • Total available: £608,000
  • Emma receives: House (£480,000)
  • James receives: Proportionate share of savings minus IHT paid from liquid assets

The critical point: IHT is paid before distribution, usually from liquid assets. If your estate has insufficient cash to pay the tax bill, executors may need to sell the house to pay HMRC. This defeats your purpose entirely.

Capital Gains Tax matters later. Emma inherits the house valued at £480,000. Ten years later, she sells it for £600,000. If it was never her main residence, she may owe Capital Gains Tax on the £120,000 gain (minus annual exemption and adjustments). James, who inherited cash, owes no CGT.

Asset Type Inheritance Tax Capital Gains Tax (later) Liquidity
Primary residence Part of estate IHT Possible if not lived in Low (must sell)
Cash/savings Part of estate IHT No High (immediate access)
Investments Part of estate IHT Yes (on future gains) Medium

Consider life insurance to cover the IHT bill so liquid assets aren't depleted, making your distribution more equitable than you intended.

Beyond the technical and legal issues, the hardest part is often telling your children about your decision.

Having "The Conversation": Telling Your Children About Unequal Inheritance

This conversation will likely be uncomfortable. Your children may feel hurt, question your love for them, or disagree with your reasoning. That's okay—uncomfortable now is better than devastating after you're gone.

Only 28% of young adults are aware of their parents' inheritance plans. This communication gap fuels the disputes that tear families apart.

Why communicate: Prevents shock, allows you to explain your reasoning, manages expectations, and demonstrates respect for your children as adults.

When to tell: Ideally when updating your will, not on your deathbed. Allow time for questions, emotions, and adjustment.

How to approach the conversation:

Step 1: Choose the right time. Not during family conflict or stress. Allow time for questions and emotions. Consider one-on-one conversations first, then group discussions.

Step 2: Lead with love and context. "I want to talk about something that's been on my mind. I love you both equally, and I want to be fair to both of you given your different circumstances."

Step 3: Be specific about reasoning. Don't say: "I'm leaving the house to Emma because she's my favorite." Do say: "I'm leaving the house to Emma because she's been my primary caregiver for five years, given up career opportunities, and this compensates for that sacrifice. You've already received £75,000 for your business."

Step 4: Invite questions and concerns. "I know this might feel unfair. I want to hear your thoughts and answer your questions."

Step 5: Consider compromises where possible. "Would it feel better if Emma paid you £50,000 from her inheritance to balance things more? I'm open to discussing options."

Michael told his sons about his will plan 10 years before his death. The son receiving less initially felt hurt but understood after hearing his father's reasoning about prior financial support. By the time Michael died, both sons had accepted the decision and remained close.

Contrast this with Janet, who never told her daughters about leaving her house to one. When she died, the excluded daughter felt blindsided and betrayed. She challenged the will, costing the estate £45,000 in legal fees and destroying the sisters' relationship.

Red flags to avoid:

  • "It's none of your business until I'm dead"
  • "You'll understand when you're older"
  • "Your sister deserves it more"
  • Refusing to give any explanation

If conversations become heated, consider family mediation. Research shows mediation has a high success rate in resolving inheritance disputes before they reach court.

For some families, the property in question isn't just a house—it's a business or farm that's been in the family for generations.

Special Considerations for Family Farms and Business Property

Family farms and businesses create unique inheritance challenges where unequal distribution is often necessary for business continuity.

From April 2026, Agricultural Property Relief provides 100% inheritance tax relief on the first £1 million of agricultural property value, then 50% relief above that. This means a single child can inherit a £2 million farm paying just £100,000 IHT (20% on £1 million above the protected threshold), compared to £800,000 without relief.

Business Property Relief works similarly for qualifying business assets. These reliefs exist precisely because Parliament recognized that forcing equal division often destroys the business.

The Davies family has farmed 200 acres in Wales for four generations. Of three children, only 35-year-old Owen wants to continue farming. His siblings, both successful professionals in London, have no interest in rural life.

The parents' will leaves the farm (valued at £2 million) entirely to Owen, with £300,000 in savings split between the other two children. The letter of wishes explains:

  • Owen has worked the farm for 15 years with minimal salary
  • His siblings received private school education costing £150,000 total; Owen didn't
  • Dividing the farm three ways would force a sale, ending the family legacy
  • Owen's future income depends on owning the farm; his siblings have established careers

With APR, the farm's IHT bill is manageable. Without this structure, the family would have been forced to sell.

Compensation strategies for non-inheriting children:

  1. Life insurance: Take out a policy to give cash equivalent to non-farming children
  2. Lifetime transfers: Give non-inheriting children assets now (potentially exempt after 7 years)
  3. Business shares: Structure as partnership where non-farming children own shares but farming child controls operations
  4. Property rental: Let non-inheriting children inherit a rental property generating income

Important: Complex business and agricultural structures require specialist advice. WUHLD's online will is perfect for straightforward estates, but family businesses may need a solicitor specializing in agricultural or business succession.

Whether it's a family farm or a city flat, certain mistakes can undermine even the most carefully considered unequal distribution.

Common Mistakes That Lead to Will Challenges

Even well-intentioned parents make critical errors that invite disputes. Avoid these pitfalls.

Mistake 1: No explanation for your decision. Writing "I leave my house to Emma" with no context makes it look arbitrary. A letter of wishes explaining your reasoning provides defensible rationale if challenged.

Mistake 2: Making the will during family conflict. Patricia changed her will to exclude her son during a heated argument about his divorce. He successfully challenged it, arguing she lacked capacity due to emotional distress and the timing showed undue influence from his sister.

Mistake 3: Ignoring prior lifetime gifts. You gave one child £80,000 for a house deposit but don't mention this in your will. Your other child receives the family home worth £350,000. Without context, this looks like £350,000 vs. £0, not £350,000 vs. £80,000.

Mistake 4: DIY will with unclear language. "I want Emma to have the house" isn't sufficient. You must use proper legal descriptions, name the specific property, and include substitution clauses. Ambiguity invites disputes.

Mistake 5: Not updating after circumstances change. You wrote your will when one child was wealthy and another struggled. Twenty years later, their situations reversed, but your will still reflects old circumstances. Courts consider current needs, not historical rationale.

Mistake 6: Telling only one child about the will. You explain your reasoning to the child receiving more, but not to the one receiving less. They learn about the unequal distribution only after your death, maximizing hurt and shock.

Mistake 7: Failing to account for IHT. Your estate is £700,000 (house £500,000, savings £200,000). After £140,000 IHT, only £60,000 cash remains. The child receiving "half the savings" gets £30,000 while their sibling gets a £500,000 house—far more unequal than you intended.

Protection checklist:

  • Will drafted by professional (solicitor or WUHLD online will service)
  • Letter of wishes explaining all unequal distributions
  • Communication with all children about your plans
  • Regular reviews every 3-5 years or after major life events
  • Mental capacity documented at time of signing
  • No pressure or influence from beneficiaries
  • IHT calculation showing how final distribution works

Leaving your house to one child and money to another is your legal right—but exercising that right responsibly requires planning, communication, and professional guidance.

Frequently Asked Questions

Q: Can I legally leave my house to one child and money to another in the UK?

A: Yes, you have complete testamentary freedom in the UK to distribute your estate as you wish. You can specify in your will that one child inherits your property while another receives cash or other assets. However, excluded or disadvantaged children can challenge the will under the Inheritance (Provision for Family and Dependants) Act 1975 if they can demonstrate they haven't received reasonable financial provision.

Q: Will leaving unequal amounts to my children cause disputes?

A: Unequal inheritance is a leading cause of family disputes, with 38% of UK adults willing to contest a will they perceive as unfair. However, you can minimize conflict by communicating your reasoning clearly, including a letter of wishes explaining your decision, and ensuring your will is professionally drafted to withstand potential challenges.

Q: How do I explain unequal inheritance to prevent family conflict?

A: Have open conversations with your children about your estate plans before your death. Explain the specific reasons for your decisions (such as prior financial help given to one child, caregiving roles, or different financial needs). Include a letter of wishes with your will that documents your reasoning. Consider family mediation if tensions arise.

Q: Can my child challenge my will if they receive less than their sibling?

A: Yes, any child can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 within six months of probate being granted. However, they must prove the will doesn't make reasonable financial provision for them. Adult children must demonstrate financial need or dependency, which is harder than for minor children who have an automatic right to support.

Q: What are the tax implications of leaving a house to one child?

A: Inheritance tax applies to the total estate value over £325,000 (or £500,000 if including residence nil-rate band). The tax is calculated on the whole estate before distribution, so whether you leave a house or cash makes no difference to the IHT liability. However, your child may face capital gains tax later if they sell the inherited property and it's not their main residence.

Q: Should I use a trust when leaving my house to one child?

A: A trust can be useful if the child inheriting the property is under 18, vulnerable, or if you want to protect the asset from divorce or creditors. Trusts can also help manage potential disputes by giving trustees discretion over timing and conditions of inheritance. However, trusts add complexity and ongoing administrative costs, so weigh the benefits against your specific family situation.

Q: What happens if I don't specify who gets my house in my will?

A: If you die without a valid will (intestate), your estate is distributed according to strict intestacy rules. Your property would be divided equally among all your children (after any spouse's entitlement), regardless of who may have expected to inherit it. This often leads to forced property sales and family disputes, making a clear will essential for unequal distributions.

Conclusion

Margaret eventually wrote her will with a detailed letter of wishes explaining her decision. She had individual conversations with both Emma and James, acknowledging the inequality but explaining her reasoning about Emma's caregiving and James's prior financial support. When she passed away three years later, both children understood her decision. Emma kept the house, and James accepted his share without resentment, preserving their relationship—exactly as their mother had hoped.

Key takeaways:

  • You have complete legal freedom to leave your house to one child and money to another in your UK will
  • 47% of UK parents now plan unequal inheritance, but 38% of wills get challenged—proper planning is essential
  • The Inheritance (Provision for Family and Dependants) Act 1975 allows excluded children to claim "reasonable financial provision" within 6 months of probate
  • A letter of wishes explaining your reasoning is your best defense against disputes and hurt feelings
  • Open communication with your children before your death dramatically reduces conflict and legal challenges

You don't need to choose between honoring your wishes and preserving your family's harmony. With clear documentation, open communication, and professional guidance, you can achieve both.

Create your will with clarity and confidence today. With WUHLD, you can specify exactly who inherits what, include guidance for your executors, and preview your entire will before paying anything.

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  • Your complete, legally binding will
  • A 12-page Testator Guide
  • A Witness Guide
  • A Complete Asset Inventory document

The whole process takes just 15 minutes online, and you can make changes anytime. Most importantly, you can distribute your estate according to your wishes—whether that's equal shares or leaving your house to one child and money to another.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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