You do not have to wait until money is in your account to think about protecting it. Many people expect to inherit one day – from parents, grandparents or other relatives – and a prenup can address that future inheritance now, even though it has not yet arrived. The short answer is yes: you cannot put an exact figure on something that has not happened, but you can state the principle clearly – that any inheritance you receive during the marriage is to be treated as your separate property. This guide explains why future inheritances matter, what a prenup can say about them, and why a review clause is especially useful here.
Why future inheritances matter
An inheritance you expect can be significant – sometimes the largest asset you will ever receive. Once it arrives, it could be drawn into a divorce settlement if it is mingled with joint finances or needed to meet the other partner's needs. Dealing with it in advance removes uncertainty and awkwardness later, and means you are not trying to negotiate protection at an emotionally difficult moment. This is closely related to protecting an inheritance you already have – see protecting an inheritance with a prenup – and to prenups and inherited wealth.
What a prenup can say about a future inheritance
A prenup can record your intention that any inheritance you receive during the marriage is to be treated as your separate property. You cannot value what has not happened, but you can:
- state the principle clearly – future inheritances are separate property;
- note any known expectation in general terms (for example, an inheritance anticipated from a named relative), without a figure;
- set out how it should be kept separate once received – in your sole name, not mingled.
The principle is what guides a court (see what to include in a prenup). For other assets you have not yet acquired, see should a prenup cover future assets?
Keep it under review
Because future inheritances are, by nature, uncertain, this is a textbook example of why a review clause helps. Once the inheritance is actually received, you can revisit the agreement, record the real figure, and firm up the position while the picture is finally clear. A review also lets you keep the agreement fair as circumstances change – and as always, a court will still ensure both partners' needs are met (see are prenups legally binding?), so the aim is fair protection, not shutting a partner out.
Pair it with a will – on the other side
One practical point: whether you actually receive an inheritance depends on the person leaving it and their will. A prenup protects the inheritance once it reaches you; it cannot guarantee you receive it. If the expectation is important to your planning, it is worth a conversation with the relative concerned about their own arrangements.
Can a prenup protect a future inheritance?
Yes – a prenup can protect a future inheritance you expect but have not yet received. You cannot put a figure on it, but you can state the principle clearly: any inheritance received during the marriage is to be treated as your separate property. Because these things are uncertain, pair it with a review clause so you can firm up the position once the inheritance actually arrives.
Why the prenup carries weight: Radmacher
Recording a future inheritance in a prenup has force because of Radmacher v Granatino (2010), where the Supreme Court held that a court should give effect to a freely made, fair agreement unless it would be unfair to hold the parties to it. A prenup is not automatically binding – the court keeps its discretion under the Matrimonial Causes Act 1973, and needs come first – but stating clearly, in advance, that inheritances are separate property gives a court a strong steer once the money actually arrives. Made with disclosure and independent legal advice on both sides, and signed at least 28 days before the wedding (as the Law Commission suggested), the clause is exactly the kind a court is now willing to uphold.
A worked example: an inheritance that arrives mid-marriage
Imagine a couple marry in their thirties, and their prenup states that any inheritance either receives is separate property. Twelve years later, one partner’s mother dies and leaves them £250,000. Because the principle was agreed in advance, the receiving partner knows to keep the money in a sole-name account and not fold it into the family finances. On divorce a few years after that, they can point to both the prenup and their careful handling of the money to argue it should be left with them. Had there been no prenup and the money had gone into the joint account to clear the mortgage, the position would be far weaker – the inheritance would look thoroughly matrimonial.
What to do the day the inheritance arrives
A prenup sets the principle, but what you do when the money lands decides how much protection survives. Sensible steps:
- Keep it in your sole name – a separate account or holding, not the joint account.
- Avoid using it for the family home or other joint purchases where you can; if you do, record the contribution.
- Keep clear records of what you received, when and from whom.
- Revisit the agreement using a review clause, now that a real figure exists, to firm up the position.
These habits mirror those for protecting an inheritance you already have – see protecting an inheritance with a prenup.
Coordinate with the relative’s will
A prenup protects an inheritance once it reaches you; it cannot make sure you receive it in the first place. That depends entirely on the person leaving it and their will – which they can change at any time. If the expectation genuinely matters to your planning, it is worth a gentle conversation with the relative concerned about their own arrangements, and perhaps encouraging them to take their own advice. This is especially relevant in a second marriage where you also want to keep an inheritance for children from a previous relationship, and where family wealth may be held through trusts.
How much detail to include about an expected inheritance
A frequent question is how specific to be about an inheritance that has not yet arrived. You cannot, and should not try to, put a firm figure on something that depends on someone else’s will and their circumstances at death. But vagueness can cut the other way too: a clause that simply says “future inheritances are separate” is perfectly valid, yet where you already know a substantial inheritance is likely – a share in the family home, an interest in a family business, or wealth held through a family trust – noting that expectation in general terms makes the agreement more transparent and harder to challenge later. The balance to strike is honesty without false precision: state the principle clearly, flag any known expectation without inventing a value, and rely on a review clause to firm up the position once real figures exist. This openness supports the disclosure that helps the whole agreement stand up.
Second marriages and keeping an inheritance in the family
Protecting a future inheritance matters most where you also want to preserve it for children from a previous relationship. If you expect to inherit from your own parents and intend that wealth ultimately to pass to your children rather than being shared with a new spouse, a prenup stating that future inheritances are separate property is an important first layer – but it works best alongside an up-to-date will and, for larger sums, a trust. Remember that marriage usually revokes an existing will, so the two documents need to be made and kept consistent. This kind of planning is a core part of a sensible blended-family arrangement, and it is far easier to put in place calmly in advance than to negotiate after an inheritance has arrived and been drawn into the family finances.
Future inheritance prenup FAQs
Does a future-inheritance clause carry weight after Radmacher?
Yes – since Radmacher v Granatino (2010) a fair clause stating the principle is given real weight, though it is not automatically binding (see are prenups legally binding?).
What should I do the moment an expected inheritance arrives?
Keep it in your sole name, avoid mingling it, keep records, and review the agreement to firm up the position (see review clauses).
Should I talk to the relative about their will?
If the expectation matters to your planning, yes – a prenup cannot guarantee you inherit, only protect the money once it reaches you (see prenups and wills).
Can you protect an inheritance before you receive it?
Yes, by stating the principle in the agreement (see protecting an inheritance).
What happens when the inheritance arrives?
Keep it separate and review the agreement (see review clauses).
Do I need to name a figure for a future inheritance?
No – you state the principle rather than a value, then firm it up later via a review clause.
Does a prenup guarantee I will get the inheritance?
No – that depends on the relative's will; a prenup only protects it once it reaches you (see prenups and wills).
Is this useful in a second marriage?
Yes, especially where you want to keep an inheritance for children from a previous relationship (see protecting children's inheritance).
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UK Prenup is not a law firm and does not provide legal advice. A prenuptial agreement in England & Wales is not automatically binding, and both partners should take independent legal advice before signing.