Prospective Inheritance
Impact on divorce finances
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.