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

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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