A man who was legally married to his previous partner and married a second is at the centre of an inheritance dispute following his death from cancer in 2020.
Accountant James Dinsdale’s £1.8m estate is the subject of a high court battle between his ‘current; wife, beautician Margaret Dinsdale and his ‘previous wife Dr Victoria Fowell, a cosmetic dentist. James Dinsdale had not written a Will and his estate passed to his ‘previous’ wife and adult son. Margaret Dinsdale is now claiming she should be eligible for a claim on his estate and should be treated as his ‘spouse.’
James Dinsdale married Fowell in 2012 in Las Vegas before separating and in 2017 married Margaret Dinsdale, again in Law Vegas. But as he had not formally ended the first marriage, the second was void leaving her with no right to inherit under the intestacy rules.
In a preliminary hearing the court hear how Dinsdale had built a property development business and left an estate valued at around £1.8m. Margaret Dinsdale has met James in 2008 while he was still married and began a relationship with him in 2014, without knowing he was still married. Indeed representing Margaret Dinsdale, Jonathan Davey KC said ‘there is no evidence’ she was aware of her husband’s still-valid marriage to Dr Fowell when they married in 2017, adding ‘she understood the marriage between the deceased and Dr Fowell to have ended some time prior to the relationship between the deceased and the claimant beginning.’
Toward the end of his battle with cancer. James Dinsdale was looked after by Margaret ’24 hours a day’ and was his ‘primary carer’ she said in court. She was ‘entirely financially dependent’ on his having given up her own work during the marriage.
Jonathan Davey KC pointed to no evidence of ‘financial need’ on the part of Dr Fowell, with Margaret Dinsdale alleging had provided Dr Fowell wife with a property and a £2m lump sum after their relationship ended.
Judge Brightwell ruled it was “not disputed” Margaret Dinsdale should be considered a “spouse” with a future hearing regarding how the estate should be divided between his wives and son to be heard.
The judge also allocated Margaret Dinsdale £50,000 from the estate to help cover her bills and contribute towards lawyers’ bills as the case progresses.
