CAN AN EX-SPOUSE CLAIM A FUTURE INHERITANCE?

In British Columbia, an ex-spouse generally cannot claim a future inheritance that has not yet been received. A potential inheritance is considered a mere expectancy—meaning it’s not guaranteed—and therefore, it is not treated as family property under the Family Law Act. Until the inheritance is actually received, it does not form part of the assets to be divided during a separation or divorce.

If the inheritance is received after the date of separation, it is typically considered excluded property. This means the person who receives it keeps it, and the ex-spouse has no claim to it. However, the situation becomes more nuanced if the value of that inheritance increases during the relationship. Under BC law, while the inheritance itself may remain excluded, any increase in its value during the relationship or after separation could be considered family property and therefore subject to division.

On the other hand, if the inheritance was received during the relationship, the key issue becomes how it was handled. If the funds or assets were kept separate—for example, held in a separate bank account or not used for joint purposes—they are likely to remain excluded property. But if the inheritance was used to benefit the family, such as buying a family home or paying down joint debt, it may be treated as family property and divided accordingly.

In short, an ex-spouse generally cannot claim a future inheritance that is not yet received. But once an inheritance is received—especially during the relationship or if it appreciates in value—how it is treated for property division purposes depends on how it was used and whether it remained separate or was integrated into shared assets.