Inheritances are not automatically excluded from property division. Courts consider timing, contributions and how the inheritance was used. This guide explains how to protect family wealth before and after separation.
How courts treat inheritances
Inheritances received early in the relationship
May be treated as significant contributions by that partner.
Inheritances received late or after separation
May be treated as “post-separation contributions” and quarantined.
Inheritances that have been mixed
If used to buy the home or pay off debt, they may be put in the mix.
How to protect inheritances
Binding Financial Agreements (BFAs)
BFAs can ring-fence inheritances.
Best used:
- Before marriage
- During the relationship
- When adult children receive inheritances
Trust Structures
Family trusts may protect wealth, but not always.
Courts can consider control, benefit and history.
Clear documentation
Showing how inheritance money was used is critical.
Common scenarios
Parents wanting to protect gifts to adult children:
BFAs and careful structuring can protect intergenerational wealth.
Blended families:
Planning is essential to avoid disputes between children and new partners.
Large inheritances late in life:
Often treated carefully to avoid unfair outcomes.
Resolve’s approach
We advise families, parents and adult children on how to protect inheritances before conflict arises, and how to negotiate fairly when separation happens.
FAQs
Is an inheritance always kept separate?
No — it depends entirely on timing and use.
Can parents protect gifts to children?
Yes — with BFAs and proper structuring. Read more about our process for financial agreements here.
Does a will help?
A will controls after death, not during separation.
Ready to speak to our team about how we can support you in protecting inheritances and family wealth? Book a free 15-minute call with our client care team by clicking here.