Can you Claim Inheritance After a Divorce?

Divorce does not always preclude an ex-spouse from making a claim on your inheritance. If your former spouse has not remarried, they may be able to assert a claim under certain circumstances, even after your passing. It is essential to understand the legal implications of inheritance in the context of divorce to adequately protect your assets and estate.

Whether you are considering a prenuptial agreement, going through a divorce, or planning your estate, knowing how inheritance fits into the picture can prevent costly mistakes and bitter disputes. 

At RLK Solicitors, our experienced team specialises in navigating the complexities of inheritance and divorce law. We are dedicated to providing tailored advice and unwavering support to protect your interests and achieve a fair resolution. If you are facing a divorce or have concerns about your inheritance, contact us today for a confidential consultation.

Inheritance Received Before or During the Marriage

Dealing with inheritance in a divorce depends heavily on the timing. If you received an inheritance before getting married, it’s generally considered non-matrimonial property and not subject to division. However, if this inheritance is “mingled” with marital assets – for instance, by depositing it into a joint account or using it to purchase a family home jointly – it may lose its non-matrimonial status and become part of the marital estate subject to division upon divorce.

In some cases, even inheritances received during the marriage may be protected from division if they have been kept separate from marital assets and the financial needs of both parties can be met through other means.

Let’s say you inherited a sum of money from your grandparents.

• During your marriage and used it as a deposit for a family home purchased jointly with your spouse. In this scenario, the inheritance is likely to be considered mingled with marital assets and subject to division. 
• If you kept the inheritance in a separate account and used your income to purchase the home, it might remain separate property.

The specific circumstances of each case are crucial in determining how inheritance is treated. It’s essential to consult with an experienced family law solicitor to understand your rights and options regarding inherited assets in a divorce.

Pre and post-nuptial agreements

Pre and post-nuptial agreements can be powerful tools in safeguarding inheritance. These agreements allow couples to define how assets, including inheritances, will be handled in the event of a divorce. While not always legally binding, they carry significant weight in court, especially if drafted properly and with both parties having independent legal advice.

If you want to learn more about what you are entitled to during a divorce you can watch this video.

Inheritance Received After Separation or During Divorce

If you receive an inheritance after separating from your spouse or during divorce proceedings, its treatment can vary. Generally, inheritances received after separation are less likely to be included in the marital estate for division. However, if the inheritance is expected to be substantial and the deceased is likely to pass away soon, the court might consider delaying the financial settlement until the inheritance is received.

In some situations, an ex-spouse may be able to make a claim on a future inheritance even after the divorce is finalised. This is possible if there was no clean break order or consent order specifically addressing future inheritances in place at the time of the divorce.

If you are in the process of divorce and anticipating an inheritance, it’s crucial to seek legal advice to understand the potential implications and protect your interests.

How to Protect Inheritance from Divorce Claims

Protecting inheritance from divorce claims requires careful planning and legal expertise.

• Pre- and post-nuptial agreements: As mentioned earlier, these agreements can be tailored to specify how inheritance will be treated in the event of a divorce, offering a layer of protection.
• Trusts and estate planning: Creating a trust can help shield your inheritance by transferring its ownership to a trustee who manages it on behalf of beneficiaries. This can effectively separate the inheritance from your personal assets, making it less vulnerable to divorce claims.
• Financial planning and asset management: Strategic financial planning can involve maintaining separate accounts for inherited assets and avoiding commingling them with marital property.  Working with a financial advisor can help you develop a comprehensive plan to protect your inheritance.

Inheritance Claims After Death of an Ex-Spouse

Even after a divorce is finalised, an ex-spouse might still be able to make a claim on your estate after your death under the Inheritance (Provision for Family and Dependants) Act 1975. This is possible if they were financially dependent on you during the marriage and haven’t remarried or entered into a new civil partnership.

To be successful, the claim must be made within six months of the Grant of Probate being issued. It’s important to note that such claims are not automatic and are subject to the court’s discretion, taking into account various factors such as the financial needs of both parties and the deceased’s obligations.

In summary

Inheritance in a UK divorce can be complex. Assets inherited before or during marriage may be considered for division, depending on if they were mingled with marital property. Inheritances received after separation are less likely to be divided. Pre/post-nuptial agreements and trusts can protect inheritance. Ex-spouses might claim against an estate after death, highlighting the need for estate planning. RLK Solicitors offers expert advice to navigate these issues and protect your assets.

At RLK Solicitors, we are committed to providing expert guidance and support to individuals and families facing the complexities of inheritance and divorce. Our experienced team can help you navigate the legal landscape, protect your assets, and achieve a resolution that safeguards your financial future.

If you have any questions or concerns about inheritance and divorce, don’t hesitate to contact RLK Solicitors today for a confidential consultation. Our dedicated team is here to help you through this challenging time.