High Court: Estate of 'bigamist' to be shared between first and later spouse

A recent High Court decision has confirmed that a woman whose marriage was void due to a preexisting marriage can still be treated as a spouse for inheritance purposes. The claim concerns the £1.8m estate of James Dinsdale, who died intestate in 2020, and competing claims by Dr Victoria Fowell and Margaret Dinsdale.

What happened?

James Dinsdale married Dr Victoria Fowell in 2012 in Las Vegas. After they separated, he later married Margaret Dinsdale in 2017 again in Las Vegas without formally ending the first marriage, rendering the second marriage void. Mr Dinsdale died without a will in 2020, leaving an estate of about £1.8m

Under the intestacy rules, the estate initially fell to the first wife and adult son. The court has now ruled that Margaret may be treated as a spouse for the purposes of her claim, with a further hearing to determine the division. The judge also granted her a £50,000 interim payment for living and legal costs.

Why does this matter?

For families, this case underlines two key principles:

Intestacy is blunt. Where there is no will, distribution follows a strict order (currently: spouse/civil partner receives the first £322,000 and half the remainder, with the other half split between children)

The court can still make provision. Under the Inheritance (Provision for Family and Dependants) Act 1975, judges balance the applicant’s needs with those of beneficiaries. Even where marital status is complex, a partner may still secure financial provision on the facts of the case.

Key takeaways for individuals and families:

Always make or review your will, particularly after separation, remarriage or cohabitation.

Document relationship status and financial interdependence (especially if divorce is pending or a marriage could be challenged).

Seek early advice if you may have a claim as a spouse, former spouse, cohabiting partner or dependant under the 1975 Act.

How our team can help

Our Private Client and Family teams advise on wills, intestacy, and Inheritance Act claims, often where relationship histories are sensitive or contested. We can:

Review your current position and advise on the immediate steps to take.

Draft or update a will to reflect your wishes and reduce the scope for disputes.
Assess and pursue/defend 1975 Act claims and negotiate pragmatic settlements.

If your family circumstances have changed or if you’re facing a potential inheritance dispute, contact us for a confidential chat with our Wills, Trusts & Estate Planning or Family specialists.

Source for case background: Today’s Wills & Probate – “Bigamist’s estate to be split between ‘former’ and ‘current’ spouse after High Court claim” (15 Aug 2025)

High Court: Estate of ‘bigamist’ to be shared