timing
of inheritance are ordinarily so uncertain that it cannot be viewed as a resource. The dicta in Alireza move the dial a little in the direction of greater certainty as to fact although not as to timing, in cases of forced heirship. It seems to me, on the facts of this case, that although I cannot ignore the possibility that a family meltdown of such magnitude will take place that H’s father will take active steps to avoid forced heirship and disentitle his children, it is, on balance, more likely that at some point H will indeed receive a significant inheritance. However;i)Such inheritance would be entirely non-matrimonial, received long after separation;ii)It has always been understood by the parties, as recorded in the two agreements, that future inheritances should be excluded from claims by the other party;iii)In terms of foreseeability of resource, it may be several years away, and is unlikely to be of immediate assistance to H. At best, it gives me confidence that H will not want for money in the long term.
- MR JUSTICE PEEL
- £2,230,000 mortgage liability
- Computation
- £117,036
- Sharing principle
- The Law
- Charman v Charman
- White v White
- Miller; McFarlane
- [2020]
- [2017] 2
- [2011] 2 FLR 980
- [2018] 1
- Charman (supra)
- Miller/McFarlane
- BD v FD [2017] 1 FLR 1420.
- [2017]
- The Law: Pre-Marital and Post-Marital Agreements
- Radmacher v Granatino [2010] UKSC 42
- The Law: inter vivos subvention
- M v M [2020] EWFC 41
- [1995] 2 FLR 668
- [2014] EWHC 502
- [2017] EWCA Civ 1545
- [2005] EWHC 2860
- Alireza v Radwan [2018] 1 FLR 1333
- The Pre-Marital Agreement
- undue
- undue
- BN v MA [2014] EWHC 2450
- Inter vivos subventions by H’s father
- Alireza
- fact
- timing
- The parties’ proposals
- Needs and outcome
- £4m.
- £3,319,000
- £7,319,000
- £7.45m
- Conclusion
- Costs
