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Inheritance Prenup Template for England and Wales

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Key Requirements PROMPT example:

Inheritance Prenup

"I need an Inheritance Prenup to protect my family business and expected inheritance from my grandfather's estate, ensuring these assets remain separate from matrimonial assets when I marry my fiancee in March 2025."

Document background
An Inheritance Prenup is utilized when one or both parties wish to protect inherited or anticipated inherited assets before entering into marriage. Under English and Welsh law, while prenuptial agreements are not automatically binding, they are given substantial weight by courts when properly executed. The agreement typically includes detailed provisions about existing inherited assets, anticipated inheritances, and how these should be treated in the event of marriage dissolution. It requires full financial disclosure, independent legal advice, and must be executed well in advance of the marriage to be considered valid.
Suggested Sections

1. Parties: Details of both parties entering into the agreement

2. Background: Context of the agreement and relationship status

3. Definitions: Key terms used throughout the agreement

4. Pre-existing Assets: Declaration of assets owned prior to marriage

5. Inheritance Provisions: Specific terms regarding inherited assets

6. Disclosure Statements: Confirmation of full financial disclosure

Optional Sections

1. Future Inheritance Provisions: Terms regarding expected future inheritances (include if specifically anticipated)

2. Trust Arrangements: Include if either party has trust interests

3. Foreign Asset Provisions: Include if either party has overseas assets or inheritance expectations

Suggested Schedules

1. Schedule of Assets: Detailed list of current assets owned by both parties

2. Schedule of Inherited Assets: Specific list of inherited assets to be protected

3. Certificate of Independent Legal Advice: Confirmation that both parties received independent legal counsel

4. Financial Disclosure Statements: Detailed financial information from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Matrimonial Causes Act 1973: Primary legislation governing divorce and financial settlements in England and Wales, particularly Section 25 which outlines factors courts consider in financial settlements during divorce

Inheritance (Provision for Family and Dependants) Act 1975: Legislation that allows certain categories of people to make claims against an estate if reasonable financial provision has not been made for them

Wills Act 1837: Fundamental legislation governing the validity and execution of wills and inheritance matters in England and Wales

Radmacher v Granatino [2010] UKSC 42: Supreme Court landmark case establishing that courts should give effect to prenuptial agreements if freely entered into, unless it would not be fair to hold parties to their agreement

White v White [2000] UKHL 54: House of Lords case that established the principle of equal division as a starting point in financial settlements

Full Financial Disclosure Requirement: Legal requirement that both parties must provide complete and honest disclosure of all their financial assets before entering into a prenuptial agreement

Independent Legal Advice: Requirement that both parties must receive independent legal advice before signing the prenuptial agreement to ensure its enforceability

Timing Requirement: The agreement should be signed well in advance of the wedding (ideally at least 28 days before) to avoid claims of duress or undue pressure

Fairness Doctrine: Legal principle requiring that prenuptial terms must be fair and reasonable at the time of creation and enforcement

Children's Rights Protection: Legal requirement to ensure that any inheritance prenuptial agreement does not unfairly prejudice the inheritance rights of any children

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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