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Divorce and Inheritances

Inheritances are sometimes subject to special rules set out in the will of the person who died. They may have put the property into trust with limitations on how it can be used for example. This may affect whether the inheritance is available to consider on divorce. If you think this may apply to you, you should speak to a solicitor.

Inheritances that are expected but have not yet been received, for example an elderly parent, will generally not be taken into account because no one can be sure whether or when it will be received.

A court will have sympathy with an argument that an inheritance received by one of you should not be shared equally when deciding how to divide things between you. However, the inheritance will often have to be included if that is the only way to meet everyone's needs, including those of any children.