Trusts, probate and estates: non-contentiousTuesday 12 August 2025
Jonathan Davey KC and Elizabeth Houghton have acted in the case of Dinsdale v Fowell, which has featured in the national press.
The case concerns a claim by Jonathan and Elizabeth’s client, who believed herself to have validly married the deceased in 2017, to reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. The claim is unique in two respects; first, it is accepted (and the Court has declared) that the claimant is entitled to claim as a “spouse” pursuant to section 25(4) of the 1975 Act, being a person who in good faith entered into a void marriage with the deceased. There are no previous reported cases in which a claimant has been successful in claiming under that section.
Secondly, the claimant sought and was granted a payment for interim provision pursuant to section 5 of the 1975 Act. The estate was ordered to pay interim provision in the amount of £50,000 plus VAT. There is only one other reported case in which a claimant was successful in seeking interim provision under the 1975 Act.
The case will now proceed to a final hearing to determine Jonathan and Elizabeth’s client’s entitlement.
Jonathan and Elizabeth are instructed by Mohaned Salah at Perilli & Ho.
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