Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:


AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login


 Post Reply Post Reply
  Topic Search Topic Search  Topic Options Topic Options
Spring2012 View Drop Down

Joined: 27/November/2012
Location: Australia
Posts: 4
  Quote Spring2012 Quote  Post ReplyReply Direct Link To This Post Topic: Inheritance
    Posted: 30/January/2018 at 17:38
Would an inheritance have to be split between the two parties. Even if received after separation?

Sonata View Drop Down
Senior Member
Senior Member

Joined: 24/November/2015
Location: Australia
Posts: 179
  Quote Sonata Quote  Post ReplyReply Direct Link To This Post Posted: 31/January/2018 at 07:32
Whether or not an inheritance received after separation is included in the shared asset pool is determined on a case-by-case basis. If, for example, the non-receiving party provided a lot of in-house care to the testator before they passed, that can be considered a contribution to the asset, so it's more likely to be included.
However, even if it is excluded, it can still be considered as a financial resource, which places them at an advantage over the other party in terms of future needs. As such, the other party may receive a higher percentage of the property pool even if the inheritance is excluded.
The more time that has passed between separation and receiving the inheritance, the stronger the argument for exclusion becomes.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.