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24 October 2025 / Shivi Rajput
Issue: 8136 / Categories: Features , Family , Wills & Probate , Divorce
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Two marriages & a funeral

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Lessons to learn from a High Court case involving both bigamy & intestacy, by Shivi Rajput
  • In a preliminary ruling in Dinsdale v Fowell, the High Court has held that the deceased’s second wife should be treated as a spouse for the purposes of bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975, even though the deceased was still married to his first wife.
  • It serves as a reminder that divorce must be formalised, wills must be kept current, and estate planning must anticipate the complexities of modern family life.

The recent High Court case of Dinsdale v Fowell (PT-2024-000590) has highlighted profound and complex issues at the intersection of family law, inheritance and estate planning. At its heart lies a tragic and legally tangled scenario: James Dinsdale, an accountant and property development business owner, passed away from cancer in October 2020. He left behind two spouses, an adult son and an estate valued at approximately £1.8m with no valid will to govern its distribution.

Marriages & legal status

Mr Dinsdale married

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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
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