Does an inheritance have to be shared with a spouse in Australia?
Receiving an inheritance might feel like a windfall, but if your relationship ends in separation or divorce, the question of whether your spouse can claim part of it is more complicated than you might think. The short answer: it’s not automatically protected.
For related guidance, see are DIY will kits from the newsagent legally valid in Australia?.
Read the video transcript
The short answer is no, it's not automatic. Under the Family Law Act, if you go through a property settlement, how the inheritance has been treated and the context is important. The courts look carefully at both financial and non-financial contributions to the relationship and whether the inheritance has been kept separate or intermingled with other funds of the relationship. Under current family law rules, the conduct and contributions of the parties are taken into consideration. How you handle the inheritance matters more than who received it.
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