Does Death End Everything?

A recent case – in which the Supreme Court dismissed a woman's appeal for financial relief following the death of her former husband before the final determination – has highlighted the issue that death can end a litigation case, writes Georgia Stott, Senior Associate in the Higgs Dispute Resolution and Litigation team.

Unger & Anor (in substitution for Hasan) v Ul-Hasan (deceased) and Anor [2023] looked at whether an ex-spouse has the right to bring an application for financial relief after having divorced overseas and it also examined whether that right survives the death of one of the parties.

The couple, Mr Ul-Hasan and Mrs Hasan, married in 1981 in Pakistan.

However, their marriage broke down and in 2012 Mr Ul-Hasan divorced his wife. His wife claimed relief on the basis that the divorce was recognised in England and Wales but Mr Ul-Hasan died before proceedings were concluded.