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Inheritance in marriage split

Marriage Breakdown – Does the rule of division of assets include inheritance? Will the circumstances of the breakdown influence the divide? Tony.

Marriage Breakdown – Does the rule of division of assets include inheritance?  Will the circumstances of the breakdown influence the divide?  Tony.

 

The first thing I would ask of Tony is – has the inheritance actually been received or does he know that there is an entitlement to inheritance written into a Will of a loved one who is still living. This is fundamental to the question.  

 

If the loved one has already died and the inheritance has been received then that inheritance is already part of the person’s assets and would be available for consideration by the Divorce Court. 

 

If the person who made the Will is still living then the inheritance does not form part of the division of assets in the marriage because it is simply not an asset of the marriage. The inheritance is not valid until the death of the person granting the inheritance simply because they could change their Will at any time before their death. 

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