Family Solicitors

It's a common concern for individuals to wonder if their spouse can make a claim against their potential inheritance from their parents' will. Thankfully, the law provides protection in this area, ensuring that future inheritances are shielded. This means that your spouse cannot make a claim against any inheritance you may receive in the future.

How does the Law Protect Future Inheritance?

Under family law, an inheritance that has not yet been received does not form part of the "matrimonial pot." This refers to the assets that are considered during divorce or separation proceedings. However, if there is an expected inheritance that will be received in the near future, the Court may take it into consideration when determining whether it can contribute to meeting your financial needs.

It's important to note that if you have already received an inheritance and used the funds, such as purchasing a family home, that money will be considered a martial asset. As a result, it will become part of the "matrimonial pot" and subject to division during divorce or separation proceedings. Conversely, if you have kept your inheritance separate and haven't used it for the benefit of you and your spouse, it will not be considered part of the marital assets and will fall outside the scope of division.

Are Trusts a Marital Asset?

In the case of trusts, if you benefit from a trust, it is considered a martial asset that the Court will take into account. When a trust is deemed marital in nature, the Court has the authority to make adjustments or variations to the trust to provide for your spouse. A trust will be considered marital if it was established in connection with marriage or has been utilized to provide for both you and your spouse.

In summary, future inheritances are protected by law, preventing your spouse from making a claim against them. However, if an expected inheritance is imminent, it may be considered in determining your financial needs. The treatment of past inheritances and trusts depends on whether they have been used for the benefit of you and your spouse, ultimately determining whether they form part of the marital assets.
The Family department at Duncan Lewis Solicitors comprises of a professional, efficient team with a wealth of experience in dealing with all aspects of Family Law.



The Family department is ranked and recognised by The Legal 500 and Chambers and Partners for family and matrimonial work, providing confidential advice with effective representation. Our family team includes solicitors who have achieved the Law Society’s Children Law and Family Law Advanced accreditations providing advocacy in all court proceedings, ensuring our clients receive a consistent and professional service as well as a high degree of continuity.

For any advice or assistance on a family matter, please visit our website or call us directly on 033 3772 0409