Inheritance & Divorce

This is a complex issue – Inheritance is classed as a non-matrimonial asset, however, every case is different and the court will make a decision on various factors, e.g.  whether the spouse has already received the inheritance and how it has been used during the marriage. 

 If needs cannot be met from the matrimonial pot, then some or all of the inheritance may have to be taken into account and distributed.

It is important to remember that if instructed by the court, CGT (Capital Gains Tax) will be expected to be paid to the Taxman! on maturity of any investments held either in sole name or joint names on division of the investments.

Inheritance is classed as a non-matrimonial asset.