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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
Operation Soteria, a 2021 initiative which protected rape victims from excessive scrutiny during police investigations, is being expanded into the courtroom, the Ministry of Justice has said
Civil and judicial review claims are being processed faster than this time last year despite the number of judicial reviews increasing by 56% to 1,100 applications, the latest civil justice statistics quarterly, published this week, have shown
The collapse of law firms Axiom Ince and SSB Group demonstrate the need for the Legal Services Board (LSB) to strengthen its oversight of frontline regulators, Law Society president Mark Evans said this week

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
back-to-top-scroll