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QLD Family Law - Laying Claim to an Ex's Inherited Estate?

Discussion in 'Family Law Forum' started by Monica L Butcher, 14 October 2015.

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  1. Monica L Butcher

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    Under Family Law, can someone lay claim to an ex-partner's inherited estate? Separated nearly 9 months before ex partner's parent dies. Need money for socialising. Asking on behalf of friend.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Ha! Hopefully, they would have the sense to leave 'need money for socialising' out of the affidavit! :)

    It is possible for inheritance attained after separation to be included in the asset pool, but this will only ordinarily be the case if the shared asset pool is fairly menial when compared with the size of the inheritance. In summary, if the inheritance is big, and the shared asset pool is small, it's more likely to be included.

    More often, however, the inheritance won't be included in the asset pool, but instead only given consideration in terms of future needs financially. The party who is the beneficiary to the inheritance would likely be considered to be more financially stable as a result of the inheritance, meaning the other party might be granted a slightly larger portion of the shared asset pool.

    Hope this helps!
     
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