Can inheritance be included in divorce settlement,

[Ricardothesnowman]

Even of the parties were separated but not divorced at the time of the death/inheritance?

I'm looking for legal info, not moral guidance, I know mumsnet's usual thinking about inheritance and how no one should expect one.

Thanks

Sadly there's no simple yes/no answer in English law.
But, in principle it can be included.
But that will depend on other circumstances, needs, etc.

The person not inheriting can make a claim against the inheritance as part of the financial settlement, but the other person can argue (sometimes successfully) that it shouldn't be included in any divorce settlement as the couple were already separated.

The length of the marriage and the separation are all factors, as well as the needs of the separating parties. If the person without the inheritance is able to have a reasonable standard of living, housing etc, on the existing matrimonial assets/pensions etc, then its less likely the inheritance will be added. If not its quite possible it will be put in the pot.

Divorce is not about what's taken from the marriage as a simple formula but its about meeting the needs of both people and the children. Only a solicitor with all the facts can tell you the likely outcome.

Thanks,
The marriage was 22 years,been separated 2 years.

The non inheriting party needs to house dc, probably for the long time as SEN means independence will be a long way off, if ever.
And pensions were never really considered by either party, due to the size of the inheritance that would one day come.