A much-publicised inheritance dispute has ended after a judge ruled in favour of a daughter who successfully argued that her mother had, in all probability, outlived her stepfather.
The facts
John Scarle, 79, and his wife Ann Scarle, 69 – who each had children from previous marriages – were found dead at their home. Both had died from hypothermia. Pathology reports were unable to determine with certainty even the approximate date, let alone the time of the death of either John or Ann. The reason for this was that the rates of decomposition could not be determined by the different “micro-climates” in the toilet, where Mrs Scarle’s body was found, and the lounge, where Mr Scarle was discovered.
The law
As it could not be determined who had died first, the legal presumption under the Commorientes Rule is that the older person, John, would have died first unless it could be proven beyond reasonable doubt that Ann predeceased her husband.
The sister’s claims
Mrs Scarle’s daughter, Deborah Cutler stood to inherit the entire estate worth around £300,000.
However, if Ann Scarle was found to have died first, her estate would have passed to John Scarle and, therefore, his daughter, Anna Winter, would inherit the home.
The Judgment
Following the hearing earlier this year, Judge Philip Kramer delivered his ruling, in favour of Ann Scarle’s daughter, Deborah Cutler.
Handing down his judgment at the Royal Courts of Justice in London, he said: “The only evidence which could point unequivocally to the sequence of death is the relative differences in decomposition, but does it?
“I am left with two not improbable explanations for this effect. The claimant has not satisfied me to the civil standard as to the order of death.
“I conclude that there is uncertainty as to the order of death. Section 184 applies and the younger is deemed to have survived the elder.”
Ms Cutler therefore received the entire £300,000 estate.
The Consequences
Ms Winter was ordered to pay Ms Cutler’s costs of £55,000 within 28 days and a further £30,000 to be subject to further discussion. Not to mention having to settle her own legal fees amounting to £95,000.
This means that the dispute has cost Ms Winter at least £150,000.
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