The specific laws regarding estates and inheritance can vary significantly depending on the jurisdiction, so it's essential to consult with a qualified legal professional in your area for accurate advice.
In many jurisdictions, when parents leave their estate equally between two children, each child becomes a legal beneficiary entitled to their share of the inheritance. If one of the children decides they do not want their share, they may have the option to disclaim or renounce their inheritance.
By disclaiming their inheritance, the child effectively refuses to accept any part of their share. In such cases, the disclaimed share typically passes to the next eligible beneficiary according to the estate's predetermined distribution plan or the laws of intestacy if there was no will. This could mean the other child receives a larger portion of the estate, assuming there are no other beneficiaries designated in the estate plan.
However, the rules surrounding disclaiming an inheritance can be complex and may vary by jurisdiction. Some places may have specific timeframes within which a disclaimer must be made, and certain requirements must be met for it to be valid. Additionally, some jurisdictions may have limitations on who can disclaim an inheritance, such as minors or individuals who have already received benefits from the estate.
To fully understand how disclaiming an inheritance would work in a particular situation, it's crucial to consult with a probate attorney or estate planning professional in your area. They can guide you through the legal process and provide advice tailored to your specific circumstances.