Penelope Reed KC and Tomos Rees appear in Thirsk v Thirsk [2026] EWHC 1501 (Ch)

Judgment has been handed down in Thirsk v Thirsk [2026] EWHC 1501 (Ch) which concerned a claim by a spouse for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. The judgment deals in depth with the divorce cross-check for claims by spouses. It contains a useful discussion of the distinction between matrimonial and non-matrimonial property following Standish v Standish [2025] UKSC 26 (at paras 37–43), as well as when property will be matrimonialised. The judgment also deals with the impact of the Duxbury Working Party Report on the capitalisation of financial provision for spouses (at paras 54–61).

The court ordered that provision should be made for the Claimant  on  the terms of an open offer made by the First Defendant whereby the Claimant was to receive the matrimonial home and the surrounding land, as well as chattels and her legacy of £5m according to the terms of the Deceased’s will. Mr Justice Cusworth held that financial provision at the level sought by the Claimant exceeded the sum which might have been ordered to provide for the Claimant’s needs on a divorce and would have a significant impact on the ability of the First Defendant to continue farming as intended by the Deceased.

Penelope Reed KC and Tomos Rees acted for the First Defendant, instructed by Simon Pedley and Ben Reeves of Mills & Reeve.

The decision is available here.