Unusual Inheritance Dispute Highlights Importance of Estate Planning

A recent and highly unusual case heard in the High Court has brought attention to the wide-reaching implications of the Inheritance (Provision for Family and Dependants) Act 1975, particularly where complex family dynamics are involved.

The matter concerned the £1.8 million estate of James Dinsdale, a London based accountant who passed away in October 2020 at the age of 55, following a battle with cancer. What initially appeared to be a routine administration of his estate has now developed into a contentious legal dispute between his adult son and two women, both of whom believed themselves to be his lawful spouse.

Mr Dinsdale first married Dr Victoria Fowell, a cosmetic dentist, in 2012 at the Little White Chapel in Las Vegas. However, in 2017, he married Margaret Dinsdale, a beautician, at a different chapel on the same Las Vegas strip. Crucially, he never divorced Dr Fowell and as a result, his second marriage to Margaret was legally invalid under English law.

Following his death, and in the absence of a Will, his estate would ordinarily pass under the rules of intestacy, meaning it would be shared between his legal spouse, Dr Fowell, and his son. However, Margaret Dinsdale is pursuing a claim under the 1975 Act, asserting that she should be treated as a spouse, having entered the marriage in good faith and having lived with and cared for Mr Dinsdale as his partner for several years. She also claims financial dependency during their relationship and during his final illness.

The court has made a preliminary ruling that Margaret may be treated as a spouse for the purposes of her claim, despite the invalidity of the marriage. She has also been awarded £50,000 from the estate to assist with legal costs. A further hearing will determine how the estate is ultimately to be distributed.

Although this is an extreme and rather unusual example, it serves as an important reminder of the potential for disputes in cases involving complex personal circumstances and the absence of a valid Will. The 1975 Act provides a mechanism for certain individuals, including cohabitees and those who believed they were spouses, to make claims against an estate where they believe reasonable financial provision has not been made.

If you have any concerns about how your estate may pass, or if you are involved in a potential inheritance dispute, we encourage you to contact our Private Client team today for expert, tailored advice. Proper planning can help prevent difficult and costly disputes such as this one.