Two Wives, One Estate: What the Dinsdale Case Teaches Us About Bigamy and Inheritance

The recent High Court case involving accountant James Dinsdale has captured headlines and raised important questions for families and advisers alike. Dinsdale, who died in 2020, left behind a £1.8 million estate, a legal wife (Dr Victoria Fowell), and a second partner who he had married without divorcing the first (Margaret Dinsdale). Dinsdale had married Dr Fowell in 2012 and then married Margaret in 2017. 

The result? A legal tangle involving bigamy, intestacy, and competing claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).

From the Family Law Perspective – Carmel Brown

Bigamy is a criminal offence in England and Wales, but its implications stretch far beyond the criminal courts. In family law, the validity of a marriage determines not only legal status but also financial rights. In this case, Dinsdale’s second marriage was void because he was still legally married to his first wife, Dr Fowell. That meant his second partner, Margaret, had no automatic right to inherit under the intestacy rules.

However, the court in fact recognised the reality of their relationship, after carefully reviewing the circumstances. Margaret had been Dinsdale’s partner for years, cared for him during his illness, and was financially dependent on him. The judge ruled that she could be treated as a “spouse” for the purposes of a 1975 Act claim, despite the marriage being void.

This case is a stark reminder: family arrangements that feel “settled” emotionally may be anything but legally. Clients entering new relationships, especially after separation, must ensure their marital status is formally resolved. A final divorce order (previously a decree absolute) isn’t just a formality; it’s the legal key to unlocking future rights, both financially and otherwise, and provides essential protection for the future.

From the WTED Perspective – Catherine Walsh

From a disputes angle, the Dinsdale case is a classic example of how failing to make a Will can lead to costly and emotionally charged litigation. As Dinsdale died intestate, his estate passed automatically to his legal wife, Dr Fowell, and adult son. Despite their relationship and cohabitation, Margaret was left with nothing from the estate until she brought a claim under the 1975 Act.

In a preliminary hearing, the judge rules it was “not disputed” that Margaret should be considered a “spouse” and so eligible to bring a 1975 Act claim. The court also awarded her an interim payment of £50,000. A full hearing will determine Margaret’s claim and how the estate is to be ultimately divided. 

The takeaway from this case is to make a Will, regularly review your Will, and seek advice early on from a suitably qualified professional. This is especially important if your family circumstances are complex i.e. second marriages, cohabiting partners, estranged children etc. 

What Clients Should Be Aware Of

• Void marriages offer no automatic inheritance rights but may still give rise to claims under the 1975 Act.
• Cohabiting partners are not provided for under intestacy rules. To ensure a cohabitee benefits a Will is essential. 
• Financial dependency is a key factor in 1975 Act claims. If someone is dependent upon on you, they may have a claim, even if you are not legally married.
• Formal divorce is critical. Without it, new marriages are void and can create legal chaos.
• Estate planning should be reviewed after any major life event such as separation, remarriage, or the birth of children.
• Marriage  can revoke a previous Will; therefore, updating your testamentary wishes is key.