Will My Former Spouse Have Any Claim Against My Inheritance?


We get asked about inheritances all the time. People often instinctively feel that inherited wealth should be left out of account when it comes to dividing up their assets, on the basis that it’s nothing to do with their former partner. But, it depends.

Sometimes, there is no option but to divide inherited wealth too, where the couple’s respective needs cannot be met without it. Or the inherited wealth might have been mixed into the couple’s general finances (to pay off a mortgage, for example) so that it has become a joint family asset.

Generally though, the Family Court will try to leave inherited wealth with the inheritor, and will divide it only to the extent necessary to meet needs. In the right case, pre-nuptial agreements can be an effective way of safeguarding anticipated future inheritances.


If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.uk.


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