The inheritance would be in your estate meaning that all gifts you give your brother would fall under the seven-year rule. Chancellor extends life of two investment schemes... you can support our British entrepreneurs - if you don't mind a gamble Where to invest for a Labour government: City eyes winners and losers from Keir Starmer premiership However, if the couple’s finances are in a poor state and there are very few assets to split, then the inheritance may be deemed by the court to be up for grabs, especially if it has been paid into a joint account and is available for both spouses to use. What about inheritances which have not yet passed to a spouse?

If property such as a received inheritance is put into trust and this is deemed to be to avoid the other party having a claim on it, the court can challenge this under family law legislation. Depending on the circumstances, it may be possible to argue that the asset is not a matrimonial asset; in other words, it has not been absorbed into the assets of the couple, and therefore it remains outside the pot to be split.Heather will do her best to reply to your message in a forthcoming monthly column, but she won't be able to answer everyone or correspond privately with readers. Nothing in her replies constitutes regulated financial advice. Published questions are sometimes edited for brevity or other reasons. This National insurance cut is welcome but it doesn't fix Britain's stealth tax problem, says SIMON LAMBERT However, the important rule to remember is that if you make gifts in your lifetime, then inheritance tax could be payable on them when you die, if they are made fewer than seven years before the date of your death. Regarding your further options if your grandmother left everything to you, a deed of variation in your brother's favour could be made within two years of your grandmother’s death. Rolls-Royce boss Tufan Erginbilgic woos City and Ministers with plans for mini reactors and green jet engines

You can make either a pre or post nuptial agreement, which can record the assets and the wishes of the parties. However, it is important to be careful that a deed of variation could not be seen as denying your brother's wife financial relief. Government allows houses to be split into flats without planning permission: Who wins and who loses from this controversial policy? You can also keep the inheritance separate from other marital assets and not use it during the marriage.

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Your grandmother could also leave part of her estate to any children of your brother and his wife, either outright or in trust, or with them having the right to capital and your brother to income, although the income would most likely be taken into account in a divorce. How to invest for a Labour government: Analysts eye biggest potential winning and losing shares if Starmer became PM Whether a trust interest will be considered a financial resource and therefore a matrimonial asset in a divorce will depend on a number of factors and this is usually determined by the court. How do you find a good accountant? Five tips on when to seek help, hiring the right firm and typical costs However, a 'letter of wishes' left with her will could be specific regarding your grandmother’s own intentions on this matter.