header-logo header-logo

20 June 2014 / Margaret Hatwood
Issue: 7611 / Categories: Features , Wills & Probate , Family
printer mail-detail

A share of the silver spoon

Can inherited wealth be claimed by a non-inheriting spouse when a couple split up? Margaret Hatwood investigates

It is not unusual for clients to be anxious about whether their spouse will be able to claim a share of any inheritance. Whether or not a non-inheriting party may expect to benefit from an inherited asset will be considered in three specific stages, depending upon when the inheritance was received namely:

  • prior to the marriage;
  • during the marriage; and
  • post-separation/ divorce.

Statutory framework

Unfortunately, s 25 of the Matrimonial Causes Act 1973 (MCA 1973) does not refer to inheritances. Inheritances are, however, relevant and are considered by the court under s 25(2)(a) as “financial resources which each of the parties has or is likely to have in the foreseeable future”. In the writer’s experience, “has” is not such a problem. At least one can generally quantify the inheritance. However, “likely to have in the foreseeable future” is where the problems really start.

The starting point is the case of White v White

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll