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Prospective Inheritance

Impact on divorce financial outcome

If the inheritance is prospective the usual approach is to consider whether it can be regarded as a resource that is likely to be available in the foreseeable future and that will depend upon how certain it is that a party to the marriage is going to inherit and how soon that inheritance will become available.

 In the leading case below there was the expectation of a very significant inheritance from the wife's father in the future. 

 The court of appeal held that although the wife's prospective inheritance was undoubtedly a resource that could be taken into consideration, she would receive it according to the actuarial tables as to the life expectancy of her father, not for 16+ years. On the facts, it was decided that the expected inheritance was not a resource of the wife for the purposes of the financial arrangements made on their divorce.

Alireza v Radwan & Ors [2017] EWCA Civ 1545 - Bailii

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