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ARTICLE · 03 AUGUST 2021

Inheritance and family law – how does it all work?

The Court will examine the issue of inheritance on a case-by-case basis.

AustraliaFamily and Matrimonial

An inheritance refers to a gift, devise or bequest of property which a person may receive under the Will of a person who has died. A party may also be eligible to receive a distribution from the Estate of a person who dies intestate. Examples of property include, money, digital assets and other personal effects of belongings.

Things to consider

In family law proceedings, an inheritance that one party has or is likely to receive is an important consideration, particularly where the inheritance is of significant value.

The treatment of inheritance can vary depending upon the contributions made by each party and their respective future needs.

Ultimately, the treatment of an inheritance (or an expectant inheritance) will be determined by the Court on a case-by-case basis. How the inheritance is treated will vary and, practically speaking, may depend upon:

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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