The recent case of Dean v Groves [2025] 3 WLUK 292 is a useful decision as an example of the application of the divorce cross-check which may be used to value a former spouse’s claim under the Inheritance (Provision for Family and Dependants) Act 1975.
A husband brought a claim against his deceased wife’s Estate for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (“1975 Act”). This was the husband’s second marriage and the wife’s third marriage. They did not have children together but did have children separately from their previous marriages.
The husband and wife separated in 2020, and their marriage was dissolved in 2021, shortly before the wife’s death. The wife’s estate included the matrimonial home held jointly with the husband, a holiday home held jointly with the husband and a property held by a company in which the wife had shares.
The wife made two Wills in 2021 after the marriage to the husband had ended and with the knowledge that the wife was dying. The wife’s estate was left to her children.
Whilst the husband and wife were divorced before the wife’s death, there had been no financial settlement between them.
At first instance, the Judge exercised his power under section 14 of the 1975 Act to treat the husband and wife as if they were still married at the date of the wife’s death, meaning they could take into account what the applicant might reasonably have expected to receive upon divorce. This section of the 1975 Act is known as the “divorce cross-check”. For section 14 to apply the former spouse must have died within 12 months of a divorce, nullity of marriage, or judicial separation order, and no financial relief orders were previously made.
Despite using this power, the Judge dismissed the husband’s claim under the 1975 Act for financial provision on the basis that the husband had a substantial income and it was not unreasonable for the wife to provide for her children.
The husband appealed this decision, and the High Court dismissed the appeal on the basis that the divorce cross-check had been applied correctly and that the 1975 Act allows for the Court to make a value judgment based upon a broad range of factors.
Whilst the Court can use its discretion under the 1975 Act to make an order as if former spouses were still married at the date of death, it does not mean that financial provision from an Estate will be ordered. A 1975 Act claim still depends on the factors within section 3 of the 1975 Act, being financial resources and needs of the applicant and beneficiaries, obligations and responsibilities of the deceased to the applicant and beneficiaries, size and nature of the deceased’s estate, physical and mental disabilities of the applicant and beneficiaries, and any other relevant factor.
If you have been excluded from a Will and are thinking of bringing a claim under the 1975 Act, please contact our Contentious Trusts and Probate team for advice.
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