29/09/2026
This is the scenario we are asked about more than any other, and it is the one that tends to change the conversation.
If your child holds an inheritance in their own name and their marriage ends, a significant portion — often as much as half — can be drawn into the property settlement. On an estate of two or three million dollars split between two children, that can mean hundreds of thousands of dollars leaving the family.
Roughly 30 to 40 per cent of marriages end in divorce. That is not a remote possibility to be filed under things that happen to other people. It is a realistic planning assumption.
Assets held in a testamentary trust are structured as discretionary, meaning no beneficiary has an automatic entitlement to a fixed share. Because no one — including a separating spouse — can point to a specific percentage as belonging to one person, those assets are considerably harder to draw into a settlement.
You have worked too hard building what you have for a substantial part of it to leave with an in-law.
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This is general information only and not legal advice.