A tragic and highly unusual case, reported by the Daily Mirror on 25 June, has again highlighted the importance of having a Will. It involves the death of a couple caused by hypothermia following an apparent burglary at their home.
John and Ann Scarle were found dead on 11 October 2016, a week after either were last seen alive. Broken windows and the general state of the property suggests that a break-in had occurred.
The couple each had a child by a previous marriage – Anna, daughter of John, and Deborah, daughter of Ann.
To establish which of them should receive a £300,000 inheritance, the two step-sisters have asked a Court to rule on which of their parents died first.
Anna Winter contends that ‘on the balance of probabilities’ her step-mother died first, a claim based on the state in which the bodies were found. If that was the case, it would mean that her father briefly inherited his wife’s half of their property and that, on his subsequent death, the entire estate passed to her.
Anna’s step-sister, Deborah Cutler, insists that there is no available proof of which of their parents died first. However, Deborah claims that since John Scarle, 79, was ten years older than his wife then the ‘legal presumption’ that he died first should apply, thus reversing the passing of the inheritance in her favour.
Had Mr and Mrs Scarle created a Will, it could have made clear how they wanted their estate to be distributed in circumstances where both testators die close together in time and therefore prevented the dispute from arising.
A ruling on the case has reserved been until a later date by the presiding Judge, Phillip Kramer. He will refer to the Law of Property Act 1925, last used to resolve a dispute 61 years ago.
In the 1958 case, a couple were killed when their car crashed into water where again an argument was advanced that the evidence showed that the younger died first. In this instance, the Judge ruled that he was not convinced by the evidence advanced and so, because the husband was elder of the two then, by law, he had died first.
Whilst nothing can guarantee that a potentially expensive claim of this nature will not be brought, by visiting a solicitor to prepare your Will, you stand the best chance possible that any claim is unsuccessful or perhaps even is not brought in the first place.
If you would like to make a Will, our Private Client team can help. Equally, if you are considering making or defending a challenge against a Will, our Contentious Probate team are ready to advise you on the strength of your case.
