Inheritance - Is Spouse Entitled to a Portion?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Jennifer J

Active Member
14 April 2014
6
1
34
If you've inherited property and money (inheritance), is your spouse entitled to any portion (property settlement)?
 

winston wolf

Well-Known Member
21 April 2014
424
115
894
Adelaide
changefpa.com.au
Interesting question. I suppose its just income like any other. Separate accounts separate money.
 

rebeccag

Well-Known Member
8 April 2014
147
35
514

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,036
830
2,894
Sydney
As a general rule of wills and succession, a gift to a beneficiary is to that person alone,
and a spouse does not, solely by virtue of being a spouse, acquire any interest in the gift.

Buuuuut, once you get into Family Law proceedings,
and the question becomes
whether or not the gift is part of the property to be settled,
then I agree with RebeccaG above.