How do I decide whether to leave an equal share versus a percentage to make the distribution feel fair? – North Carolina

Short Answer

In North Carolina, “equal shares” and “percentages” can both work, but they can produce different results when the group of beneficiaries can change (for example, when a beneficiary dies and their descendants take). Equal shares usually feels fair when the beneficiaries are a fixed group (like named individuals). Percentages often works better when the gift is tied to a changing pool (like “all descendants”) or when the estate size is uncertain, because it scales automatically.

Understanding the Problem

In North Carolina estate planning, the decision point is whether a revised gift in a will should be written as an “equal share” gift (each beneficiary gets the same fraction) or as a “percentage” gift (each beneficiary or branch gets a stated percent). The question usually comes up when a will already leaves something to a relative’s descendants and the will-maker wants the distribution to feel fair even if family circumstances change. The practical concern is how the will should handle changes in the number of beneficiaries, deaths before the will-maker, and whether descendants step into a deceased beneficiary’s place.

Apply the Law

North Carolina generally enforces the will’s plain language. That means the “fair” result depends less on a court’s view of fairness and more on how the gift is drafted: who is in the beneficiary group, whether the group is fixed or can expand, and whether the will uses a “by branch” approach (a deceased child’s descendants take that child’s share) or a “by headcount” approach (everyone in the same generation shares equally). If a will does not fully dispose of property, the undisposed portion can pass under North Carolina’s intestacy rules, which use a statutory method for dividing shares among descendants.

Key Requirements

  • Define the beneficiary group: Decide whether the gift goes to named people (a fixed list) or to a class such as “descendants,” which can change over time.
  • Choose the sharing method: Decide whether the gift is divided equally among individuals, or divided by family “branches” (so a deceased beneficiary’s descendants take that beneficiary’s share).
  • Plan for changes before death: Decide what happens if a beneficiary dies before the will-maker, including whether that person’s descendants take, and how the shares are recalculated.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the will is being updated to revise a gift while keeping the rest of the will the same, and the will already includes gifts to a relative’s descendants. If the revised gift is to a class like “descendants,” an “equal shares” approach can shift outcomes as the number of descendants changes over time, while a “percentage” approach can keep the overall allocation stable. If the goal is “fairness” across family branches (for example, each child’s line), the drafting should say so clearly, because “equal” can mean equal per person or equal per branch depending on the language used.

Process & Timing

  1. Who decides: The will-maker. Where: The decision is made in the will drafting process; the signed will is later presented to the Clerk of Superior Court in the county where the estate is administered if probate is needed. What: A will amendment (often a codicil) or a restated/new will that revises the specific gift language. When: Before signing, because the sharing method is part of the dispositive terms.
  2. Draft the gift to match the fairness goal: Confirm whether the gift is intended to be (a) equal among named individuals, (b) equal among a class at the will-maker’s death, or (c) divided by family branches with descendants stepping in for a deceased beneficiary.
  3. Sign correctly: Execute the updated documents with the required will-signing formalities (typically an in-person signing with witnesses), and keep the signed original in a safe place so it can be located when needed.

Exceptions & Pitfalls

  • “Equal” can be unclear with descendants: “Equal shares to descendants” can produce a very different result depending on whether the will means equal per person in a generation or equal per family branch. Ambiguity can create disputes and delay administration.
  • Class gifts can expand or contract: A gift to “descendants” can change if there are births, adoptions, or deaths before the will-maker’s death. Percentages often feel steadier when the class size is unpredictable.
  • Unintended partial intestacy: If a revised clause is drafted in a way that fails (for example, it does not cover a beneficiary who predeceases and the will has no workable backup), part of the estate may pass under intestacy rules. See N.C. Gen. Stat. § 29-8.
  • Percentages must total 100% for that gift: Percentage gifts reduce confusion only if the math is complete and the will states what happens if a percentage beneficiary cannot take.
  • Keep the rest of the will consistent: Changing one gift can accidentally conflict with other clauses (like a residuary clause, survivorship language, or “per stirpes” style language). A consistency check prevents unintended outcomes.

For more background on how “even splits” are commonly structured in wills, see split evenly between adult children.

Conclusion

In North Carolina, the “fair” choice between equal shares and percentages depends on whether the beneficiaries are a fixed list or a changing class like “descendants,” and whether the intent is equality per person or equality by family branch. Clear drafting matters because the will’s wording controls, and gaps can lead to partial intestacy under N.C. Gen. Stat. § 29-8. A practical next step is to revise the gift clause to define the beneficiary group and the share method in one place before scheduling the in-person signing.

Talk to a Estate Planning Attorney

If you’re dealing with how to structure a will gift so the distribution feels fair (equal shares versus percentages), our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [CONTACT NUMBER].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Estate Planning Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.