Bigamy, Intestacy, and the 1975 Act: Insights from the Dinsdale Case

Richard Wilson, Associate

The recent High Court case of Dinsdale v Fowell has garnered national media attention and provides a timely reminder of the complex legal consequences that can arise when someone dies intestate – that is, without a valid Will.

James Dinsdale, an accountant who died in 2020, left behind a £1.8 million estate, a legal wife (Dr Victoria Fowell), and a second partner, Margaret Dinsdale, whom he also purported to marry in 2017. As Dinsdale had never formally divorced Dr Fowell, his second marriage to Mrs Dinsdale was rendered legally void. Consequently, under the Intestacy Rules, Mr Dinsdale’s entire estate passed automatically to his legal wife, Dr Fowell, and adult son, since Margaret had no automatic right to inherit under the rules.

Being entitled to nothing under the Intestacy Rules, Margaret Dinsdale brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”), seeking reasonable financial provision from Mr Dinsdale’s estate. In a key ruling, the court recognised her as a “spouse” for the purposes of the 1975 Act, despite the marriage being void. The court considered the reality of her relationship with the deceased since their (void) marriage in 2017. Towards the end of his battle with cancer, Margaret had been James’ primary carer and was financially dependent on him. Margaret was also granted an interim payment of £50,000 from the estate to help cover her bills and ongoing legal costs as the case progresses, with a future hearing regarding how the estate should be divided between Dr Fowell, his son, and Margaret to be heard in due course.

The case highlights a number of important issues, as follows:

1. Void marriages do not confer inheritance rights under intestacy, but may still give rise to a 1975 Act claim;
2. Failure to formalise a divorce can invalidate subsequent marriages and lead to unanticipated outcomes such as this;
3. Marriage automatically revokes a previous Will, unless the Will explicitly states it was made in contemplation of marriage; therefore, it is crucial to update your Will following marriage to ensure your wishes are honoured;
4. Financial dependency plays a crucial role in determining 1975 Act claims; and
5. Cohabiting partners and dependants are not protected under intestacy rules unless such provision is included within a Will.

At Kuits, our Contentious Probate, Tax & Estate Planning teams regularly advise and represent clients in cases where a loved one has died without a Will or where a Will fails to make adequate financial provision. Similarly, if your relationship wasn’t legally formalised due to circumstances beyond your control, it’s vital to seek advice early and our Family team is able to assist with such matters.

If you are seeking advice in this regard, please do not hesitate to contact our team on 0161 832 3434 to discuss how best we can support you.

Contributor, James Cairns, Trainee Solicitor