On the death of Mr James Dinsdale, who died intestate, it was discovered that he had married both Dr Victoria Fowell and Margaret Dinsdale 5 years apart in ceremonies in Las Vegas. Having kept his earlier marriage secret from Margaret Dinsdale and having never divorced Dr Fowell, Mr Dinsdale’s marriage to Margaret Dinsdale was void. Therefore, under intestacy Dr Fowell was the next of kin. Margaret Dinsdale, her rights as a spouse formally recognised by a Judge in July, now brings a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Gideon Roseman, representing Margaret Dinsdale, was successful last week in an application for a freezing order to freeze the estate assets of James Dinsdale, the main personal assets of Dr Fowell and preventing any sale of her home or dental practice. Further, it was ordered that accounts be drawn up to clarify what has occurred to assets of the estate Dr Fowler has realised. This secures Margaret Dinsdale’s position until the substantive claim is determined.
