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Inheritance during marriage

4 replies

MummyPencil · 15/08/2024 12:21

Is any inheritance received during marriage joint at all ?
If one of the spouses receives an inheritance whilst married- is it taken into account (if) during divorce settlement?

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obsessedwithfreshbread · 15/08/2024 12:37

Yes

MrsGlennBulb · 15/08/2024 13:03

My understanding is that an inheritance is a matrimonial asset. To avoid this it would have to be left via a Will Trust. If for example your adult child has a dodgy wife, and you want to leave your house only to him, then you’d set up a trust in your will, and leave the house to him via the trust - he can be a trustee.

The downside of that is that your estate doesn’t benefit from the IHT property allowance of £175k, as the property is not being left directly to your child. So, IHT kicks in at £325k instead of at £500k. Also I think a Will Trust requires annual returns to HMRC and other bollocks which makes it costly and complicated for just a small family home.

5DivorceHelpPlease · 15/08/2024 13:48

Are you in Scotland or England or one of the other home nations?

What became of the cash? Did it get intermingled with marital assets (eg paid off chunk of mortgage) or kept in a separate account?

MummyPencil · 15/08/2024 14:05

@5DivorceHelpPlease England

currently in separate account

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