Dinsdale v Fowell: Bigamy, intestacy rules, and Inheritance Act 1975 claims

Millie Cross, Trainee Solicitor in our Private Wealth Disputes team, looks at a recent High Court case which has considered the eligibility for a second wife to claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).

When a loved one dies without leaving a will, their estate is distributed according to the intestacy rules. These are rigid statutory provisions that often do not reflect the complexity of modern family life. Matters become even more complicated where there are multiple marriages, long-term cohabiting partners, or financial dependants.

A recent High Court case, Dinsdale v Fowell, highlights these challenges. The case considered whether a woman who had entered into a bigamous marriage with the deceased could still bring a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (the “1975 Act”). The court’s approach provides important lessons for families concerned about inheritance disputes, bigamy, and intestacy in England and Wales.

Bigamy and intestacy rules

Bigamy occurs when someone marries a new partner while still legally married to another person. Under section 57 of the Offences Against the Person Act 1861, bigamy remains a criminal offence.

From a family law perspective, section 11 of the Matrimonial Causes Act 1973 makes clear that a marriage is void if one of the parties was already legally married at the time. This means that while the ceremony may have taken place, the second marriage has no legal effect.

In the Dinsdale case, the deceased married Dr Victoria Fowell in Las Vegas in 2012 and never divorced her. He then went through a second ceremony with Margaret Dinsdale in 2017, again in Las Vegas. Because the first marriage remained valid, the second marriage was void in law.

This raises two immediate questions:

• Could Margaret inherit anything under the intestacy rules?
• Could she qualify as a spouse under the 1975 Act to seek reasonable provision?

Intestacy rules in England and Wales

When someone dies without leaving a will, the intestacy rules dictate how their estate is divided. These rules changed in 2023, and the current position for deaths on or after 26 July 2023 is:

• The surviving legal spouse or civil partner receives all the deceased’s personal possessions (known as “personal chattels”).
• The spouse also receives a statutory legacy of £322,000, plus interest from the date of death. If the estate is worth less than this amount, the spouse inherits the whole estate.
• Any remaining assets are divided:
  • 50% to the spouse or civil partner
  • 50% shared equally among the deceased’s children (including adopted children)

If the deceased has no children, the spouse or civil partner inherits the entire estate. See our intestacy rules flowchart for a clear breakdown of how estates are distributed.

In this case, only Victoria, the legal wife, had an automatic right under the intestacy provisions. Margaret, as a bigamous spouse, was not recognised under the statutory scheme. Without a will, she would receive nothing directly from the estate.

Inheritance Act 1975 claims explained

The Inheritance (Provision for Family and Dependants) Act 1975 was introduced to prevent unfair outcomes where the intestacy rules or a will fail to make reasonable financial provision.

Who can claim under the Act?

• A surviving spouse or civil partner
• A former spouse or civil partner who has not remarried
• Children of the deceased (including adopted children)
• Anyone treated as a child of the family
• Anyone who was being maintained by the deceased immediately before death
• Anyone in a relationship with the deceased for at least two years before their death and in the same household

The court considers a range of factors, including the applicant’s needs and resources, the size of the estate, and the competing claims of other beneficiaries.

Ordinarily, someone in Margaret’s position would be excluded, since her marriage was void, meaning the statutory legacy would pass to the surviving spouse (being his only legal wife, Victoria) and the remainder of the net estate (if any) would be split between Victoria and the Deceased’s adult child. However, the court was asked to consider whether she could still fall within the category of “spouse” for the purposes of the Act.

Read more about making a claim under the Inheritance Act 1975.

High Court ruling on bigamy

At a preliminary hearing, the High Court recognised Margaret as a “spouse” under the 1975 Act, despite her bigamous marriage being void in law. The court focused on the reality of the relationship:

• Margaret had been the deceased’s partner for many years.
• She had cared for him during his illness.
• There was clear financial and emotional interdependence.

The judge emphasised that the purpose of the 1975 Act is to ensure fairness and financial protection, rather than to enforce the strict technicalities of family law. As a result, Margaret was awarded an interim payment of £50,000 while the full claim proceeds to trial.

This is a significant development because it demonstrates the court’s willingness to look beyond strict legal definitions in order to achieve a fair outcome.

Practical lessons for families

The case of Dinsdale v Fowell illustrates several key points for individuals concerned about inheritance and intestacy.

1. Make a valid will: Without a will, the intestacy rules apply rigidly. This can lead to unintended results, particularly in blended families or relationships not recognised by law.
2. Review your will regularly: Life changes, such as marriage, divorce, children, or second partnerships, should trigger a review of your estate planning. This ensures your wishes remain accurately reflected.
3. Understand the limits of intestacy rules
   • Cohabiting partners do not benefit under intestacy.
   • Bigamous marriages are void in law.
   • Only a legal spouse or civil partner has an automatic entitlement.
4. Recognise potential 1975 Act claims: Even where someone has no entitlement under intestacy, they may still be able to claim reasonable provision if they were financially dependent on the deceased.
5. Seek early legal advice: Inheritance disputes are often complex and emotionally charged. Professional advice can help resolve matters quickly and minimise costs.

Conclusion: safeguarding your family’s future

The High Court’s decision in Dinsdale v Fowell shows that inheritance disputes are rarely straightforward. While bigamy makes a second marriage void in law, the courts may still allow claims under the 1975 Act if fairness requires it.

For families, the lesson is clear: do not rely on intestacy. A carefully drafted will is the only way to ensure your estate is passed on according to your wishes, and to reduce the risk of disputes between surviving relatives and partners.

If you are concerned about inheritance issues, whether involving bigamy, intestacy rules or claims under the Inheritance Act 1975, our Private Wealth Disputes team can help. Please get in touch for tailored advice.