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
