Can my spouse make a claim against my parents for what I may inherit?
Date when Video was Published: 20/06/2023
Script for the above Video
Fortunately, the law shields all future inheritance. Consequently, your spouse cannot claim against said future inheritance. An inheritance not yet received does not form part of the “matrimonial pot”. However, if there is to be a shortly expected inheritance, then the Court will consider whether the inheritance can be counted on to help you meet your financial needs. If you have received an inheritance and have used the money, for example, to purchase your family home, then this money will be considered a martial asset. Consequently, it will form part of the martial pot. Conversely, if you have kept your inheritance separate and it has not been used for the benefit of you and your spouse, then it will not be considered, as a part of the marital pot and will fall outside of the matrimonial pot. If you profit from a trust, this trust is considered a martial asset to which the Court will have regard. Where a trust is marital, the Court has the power to vary said trust to provide for your spouse. A trust will be considered marital in nature where it has been set up in connection with marriage or has been used to provide for you and your spouse. Duncan Lewis Divorce Solicitors appreciate that you will be contacting us in challenging and emotional circumstances. For that reason, we are here to advise on legal procedure relating to divorce and connected matters and answer any questions that you may have. Please visit our website or call us directly on 033 3772 0409
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Disclaimer
This video content was created on 20/06/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors.
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