The task of dividing the property of a marriage or relationship breakdown is very rarely a simple one. Legal practitioners often find themselves leading their client through a path of often murky and complex issues in dispute – some of which are relevant in a property settlement context and others that are not.
In circumstances where an inheritance has been received by one of the parties during the relationship, or where there is a potential receipt of an inheritance, emotions and tensions are often even higher. Disputes about how an inheritance was received, what use it has been put to and whether only one or both of the parties has contributed to it are often live issues, with the recipient of an inheritance generally reluctant to see any part of it go to their former spouse or partner.
Partner and Accredited Family Law Specialist, Alison Ross has authored the following paper Inheritances and property settlements: legacies of cases past, which was presented at the 10th Annual Family Law Conference on 11 March 2020 in Brisbane. This paper is intended to consider how to approach matters where inheritance is to be received or has been received by one of the parties during a relationship or post-separation, the relevance of prospective inheritances and the effect of contributions to the other party’s inheritance.
For further information or discussion about the paper, please contact our Family and Relationship Law team.
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