How Much Should You Leave Each Child? (Canada)

Last updated May 15, 2026 · 3 min read
Quick answer
There is no legal requirement to divide an estate equally among children, and a competent adult can choose unequal shares. Most parents divide equally for simplicity and family peace, but legitimate reasons for unequal gifts include differing needs, a child's disability, caregiving, prior gifts or loans, and estrangement. The main limits are dependant-support law, which protects children who relied on you, and British Columbia, where a child can challenge an unfair will.

"Equal" sounds like the safe answer, and for most families it is. But the question of how much to leave each child is rarely as simple as dividing by the number of children, because children rarely arrive at a parent's death in equal circumstances. One has a disability; one moved home to provide care; one received a large down-payment years ago; one hasn't spoken to you in a decade. The law gives you wide freedom to account for all of that — and a few limits you should know before you do.

This guide covers whether you must divide equally, the legitimate reasons not to, the equal-versus-equitable tension, and how to do it without igniting a dispute. It is general information for the common-law provinces, not legal advice.

You are not required to divide equally

In the common-law provinces, a competent adult can leave their estate to whomever they wish, in whatever proportions — equally, unequally, or leaving a child out entirely.[1] There is no rule of forced equal shares. Most parents nevertheless choose equal division, and for good reason: it is simple, it signals even-handed love, and it gives no child a grievance. Equal is the sensible default. It is just not the only legitimate choice.

Legitimate reasons to divide unequally

Unequal gifts are common and defensible when there is a real reason:

  • A child with a disability who needs more support, often through a properly structured trust.
  • A child who provided years of caregiving.
  • Balancing earlier help — large lifetime gifts or unrepaid loans to one child.
  • Very different financial circumstances among the children.
  • Estrangement, subject to the limits below.

The unifying principle is that the reason is genuine and, ideally, recorded — both to honour your intentions and to defend the will if challenged.

Equal versus equitable

Equal and fair are not always the same number. If one child received a $100,000 down-payment fifteen years ago and another received nothing, dividing the remaining estate equally may strike the family as unequal in substance. Some parents adjust at death to even out lifetime help; others deliberately treat the past as settled and divide what remains equally. Both are valid — the important thing is to decide which you mean and say so.

Two constraints matter. First, dependant support: a child who relied on you financially — because of disability, age, or other circumstances — may claim provision from your estate regardless of what the will says. Second, geography: British Columbia allows even an independent adult child to ask a court to vary a will that fails to make adequate, just, and equitable provision for them.[2] Outside BC, a clearly intended unequal gift among capable, independent adult children is generally upheld. See estate planning with an estranged child for the disinheritance end of this spectrum.

Dividing unequally without a war

If you do divide unequally, a few steps dramatically lower the risk of conflict:

  • State it plainly in the will — name the amounts or shares.
  • Record your reasons, in a signed memorandum or with your lawyer, kept with the will.
  • Document your capacity if there is any chance it will be questioned.
  • Consider telling the family in advance, so the will is not a posthumous surprise.

Most disputes among adult children trace back to surprise or ambiguity, not to the unequal amounts themselves; see estate disputes among adult children.

What we focus on at It's Simple Will

The Will Creator lets you set out shares clearly, whether equal or not, so your decision is recorded rather than left for grieving children to interpret. For unequal plans involving disability, business, or anticipated challenges, a lawyer is the right next step. For the mechanics of dividing "equally" without tripping up, see naming children equally — the pitfalls.

Citations & sources

  1. [1]Succession Law Reform Act, RSO 1990, c S.26 — testamentary freedom and support of dependants — Government of Ontario
  2. [2]Wills, Estates and Succession Act, SBC 2009, c 13, s 60 — variation of wills — BC Laws, Government of British Columbia
  3. [3]Administering estates (Ontario) — Government of Ontario

Frequently asked questions

Do I have to leave my children equal shares?

No. Outside dependant-support obligations, a competent adult can divide an estate as they choose, including unequally or leaving a child out. Most parents choose equal shares for simplicity, but the law does not require it in the common-law provinces, subject to the exceptions below.

What are good reasons to leave unequal amounts?

Common, defensible reasons include a child with a disability who needs more, a child who provided years of care, balancing earlier large gifts or loans to one child, very different financial circumstances, or estrangement. The key is that the reason is real and, ideally, documented.

Isn't equal always the fairest?

Not necessarily. Equal and equitable can differ. Splitting a sum equally is simple, but if one child received a $100,000 down-payment years ago and another did not, strict equality at death may feel unfair. Many parents adjust for lifetime help, while others deliberately wipe the slate clean at death.

Can leaving unequal shares be challenged?

It can. A child who was financially dependent may claim dependant support regardless of the will, and in British Columbia even an independent adult child can ask a court to vary an unfair will. Elsewhere, an unequal but clearly intended gift to capable adult children is generally upheld.

How do I reduce conflict if I divide unequally?

State the unequal gift clearly in the will, record your reasons (a signed memorandum or a frank conversation), ensure your capacity is documented, and consider telling the family in advance. Surprise and ambiguity, not the unequal amounts themselves, are what usually trigger disputes.

What about a child who already received a lot during my life?

You can account for it. Some parents reduce that child's inheritance to equalize (sometimes called bringing gifts "into hotchpot"), while others treat lifetime gifts as separate. Either is valid, but say which you intend in the will so it is not argued over later.

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