header-logo header-logo

10 October 2025 / Katherine Harding , Charlotte Finley
Issue: 8134 / Categories: Features , Family , Property , Tax , Divorce
printer mail-detail

Shrinking the pot?

In Standish v Standish, the Supreme Court narrowed what counts as matrimonial property: Katherine Harding & Charlotte Finley explore what this might mean for Inheritance (Provision for Family & Dependants) Act 1975 claims
  • The distinction made in Standish v Standish between matrimonial and non-matrimonial property may affect Inheritance (Provision for Family and Dependants) Act 1975 claims, particularly the ‘divorce cross-check’ test, by limiting what assets are considered shareable.
  • Courts may place greater weight on the origin and treatment of assets (eg family businesses, inherited wealth, or tax-planned structures), potentially reducing awards unless strong needs-based claims are established.

There has been a great deal of discussion about the recent Supreme Court case of Standish v Standish [2025] UKSC 26 and the impact it will have on financial remedy (divorce) proceedings. In this article we take a slightly different approach and examine the wider implications of the decision, specifically in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). These claims often merge family and succession law principles, so the potential

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll