10 October 2025
Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975
Upholding a Court of Appeal cut from £45m to £25m for Anna Standish, the judgment confirmed that assets transferred solely for tax planning remain non-matrimonial. The authors warn this distinction may ripple into 1975 Act cases, curbing what courts treat as shareable wealth under the ‘divorce cross-check’ test.
Future claims may see closer scrutiny of asset origin and intention—especially family businesses, inherited wealth and trusts. While courts retain broad discretion, Harding and Finley predict smaller awards unless claimants show clear need.
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