The recent case involving the late Mr Dinsdale highlights some of the complex overlaps between family law and estate planning.
Mr Dinsdale married his first wife in 2012 and never formally divorced her. He thereafter married a long-term partner in 2017 and subsequently passed away in 2020. The second marriage was legally void. The court was left to untangle not only the question of bigamy, which is a criminal offence in England and Wales, but also who was entitled to financial provision from Mr Dinsdale’s estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Why Legal Marital Status Matters
A valid marriage brings with it a range of legal rights and obligations, including the right to inherit in the absence of a Will, the ability to bring financial claims, and various entitlements linked to pensions and property. A divorce is the legal gateway to ensure that future relationships and arrangements are protected and recognised by law.
In this case, because Mr Dinsdale had not divorced his first wife, the law still recognised her as his legal spouse. This meant that his later partner, despite their apparent marriage, had no automatic entitlement under the rules of intestacy.
Void Marriages and the Role of the 1975 Act
Although the second marriage was not legally valid and was void, the court took into account the reality of the relationship. The partner had been with Mr Dinsdale for many years, had supported and cared for him through illness, and was financially dependent on him. On that basis, the court accepted that she could be treated as a spouse for the purposes of a claim under the 1975 Act, even though the marriage itself had no legal standing. This shows how the courts can exercise discretion in complex family situations, but it also highlights the risk of relying on such discretion rather than having a legal arrangement in place, i.e., a will.
Cohabitation and Legal Vulnerability
For couples who live together without marrying, the legal protections are even more limited. There is no such thing as a ‘common law spouse’ in English law, no matter how long the relationship has lasted. While the 1975 Act can offer some remedy for cohabiting partners who were financially dependent, that protection is far from guaranteed and often involves significant legal hurdles.
The Dinsdale case is a clear reminder that simply separating is not enough. Without a final divorce order, any future relationship despite its stability or length may not be recognised in law. This can have serious consequences not only in life but also after death.
It is therefore important to seek legal advice as personal circumstances evolve, whether that involves entering into a new relationship, supporting a partner financially or planning for later life.
In a society with increasingly complex family structures, cross-border relationships, the issues arising from the recent case involving the late Mr Dinsdale underline why relying on intestacy rules breeds uncertainty and why making a will is essential.
The Intestacy Rules
When someone dies without a valid will in England and Wales, their estate is distributed under the intestacy rules. This also applies where a person leaves a valid will but it does not dispense with all their ‘estate’.
The order of priority on intestacy recognises the surviving spouse or civil partner and then the children of the deceased. If the deceased is not survived by any children, then the spouse is entitled to the entire residuary estate. Where there is a surviving spouse or civil partner and children, the spouse is entitled to all personal possessions (moveable property, excluding money) of the deceased and a statutory legacy, which is currently £322,000, including interest from the date of death. The residuary estate is then divided equally between the surviving spouse or civil partner and the children, with 50% share of the residuary estate to be distributed equally between, the children of the deceased.
Financial Provision for Dependants
However, the law assumes a traditional family structure: one legal spouse, one set of children. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people may make a claim against the estate, if the estate does not make “reasonable financial provision” for them.
This includes anyone who was financially maintained by the deceased. Therefore, while the second wife does not qualify to inherit as a “spouse” the court ruled that she should be treated as a “spouse” and recognised her as a dependant. The court then awarded her an interim payment from the estate and a further hearing will be held to determine how the estate should be distributed.
Estate Administration
Aside entitlement, there is also considerations to be made regarding the practical side of estate administration. Who is entitled to apply for the Grant of Letters of Administration? What if both “spouses claim they have such right? These are just a few of the issues, which may arise, which is likely to result in delays and litigation costs, which, in effect, drain estate funds.
Polygamy and Cross-Border Considerations
In this case, Mr Dinsdale married his first wife in 2012, in Las Vegas and he then married his second wife in 2017, again, in Las Vegas. There are some countries that recognise polygamous marriages, but it is not recognised in the UK. Consequently, a person may leave behind several partners, who all believe they are legitimate wives, only to discover that the law takes a different view. This can be devastating for families at an already difficult time.
Why a Will is Necessary
This case highlights the rigidity of the intestacy rules, as it cannot cater for complex or unconventional family structures. Furthermore, it also highlights the dangers of not making a will. A will could have set out the deceased’s wishes clearly, made financial provision for both partners (if he wished to do so) and reduced the risk of costly litigious claims.
Therefore, if you feel that your personal circumstances are complex; for example, a second marriage, children from different relationships or foreign marriage, please seek legal advice to make a will and to further understand the inheritance tax implications arising from such family structures.