Navigating inheritance as an asset in divorce
Inheritance and divorce: it’s a complex topic that comes up in almost every matrimonial finance case. While many assume inheritance should remain with the recipient, the reality isn’t always straightforward.
Emily D’Eyncourt Harvey, Solicitor in our Family department, breaks down how courts consider inherited assets, the difference between matrimonial and non-matrimonial property, and the impact of “needs” on financial settlements. It also touches on future inheritances, the importance of keeping inherited funds separate, and the role of pre/postnuptial agreements.
For anyone navigating divorce, or for those considering lifetime gifts to reduce inheritance tax exposure, you can read Emily’s new article in FT Adviser.
“Inheritance — received, anticipated, or future (or indeed those who make a gift during their lifetime akin to an advance on an inheritance) — features in almost every matrimonial finance case that crosses a family solicitor’s desk.
The position in relation to how inheritance is dealt with on divorce is not altogether straightforward and requires fact-specific consideration in the context of dividing matrimonial finances on relationship breakdown…”
To read Emily’s full article, visit the link here: https://www.ftadviser.com/divorce/2025/5/20/navigating-inheritance-as-an-asset-in-divorce-/?page=1
Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.
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