The High Court handed down its judgment in the case of Scarle v Scarle earlier this week.

The case concerned Mr and Mrs Scarle, an elderly couple from Essex who were both found dead in their home on 11 October 2016.

There was no conclusive evidence to confirm which of the couple had died first. This was important because the couple held assets jointly; namely their joint bank account and their bungalow.

The Law of Property Act 1925 (Section 184) sets out a legal presumption known as the Commorientes Rule. This rule states that where two or more people die at the same time in circumstances where it is uncertain which one of them died first, it is assumed that the deaths occurred in order of seniority, in other words that the younger is deemed to survive the elder.

Mr Scarle was the oldest of the couple (aged 79 years old when he died). Mrs Scarle was 69 years old when she died. Mr Scarle would therefore be presumed to have died first.

The starting point therefore is that as Mr Scarle is presumed to have died first, Mrs Scarle would be entitled to the whole of the jointly owned property and the joint bank account.  All of the assets would then pass in accordance with Mrs Scarle’s Will. Mr Scarle’s daughter did not accept the application of this legal presumption and the two stepsisters became embroiled in an inheritance dispute to determine who should inherit the couple’s estate.

Mr Scarle’s daughter argued that based on the condition of the bodies when they were found, it was very likely that Mrs Scarle had died first. Unfortunately, the medical evidence was not definitive and it was not possible to determine a date of death for the couple. 

Judgment was handed down in this case on 13th August 2019. The Judge concluded that Mr and Mrs Scarle had died between 5th and 9th October 2016. Whilst there was some medical evidence to suggest that Mrs Scarle’s body was “substantially further on” in the process of decomposition, the medical experts said differences in temperature in the rooms where the bodies were found could have affected the rate of decomposition. Consequently, the Judge concluded that the Commorientes Rule presumption applied and Mrs Scarle was presumed to have survived Mr Scarle.

This means that Mrs Scarle’s daughter will inherit the couple’s jointly held assets. 

This inheritance dispute stresses the importance of making a will and taking legal advice on that process, along with the need to consider how joint assets are owned.  Whilst Mrs Scarle had made a will, the assets of the couple were held as joint tenants which meant that the assets would pass to the survivor irrespective of the provisions of any will. If the couple had taken legal advice this inheritance dispute could have been avoided.

If you would like more information about will disputes, probate disputes, challenging a will or if you would like to know about the costs of an inheritance dispute, probate dispute or contentious probate matter, please call 01384 410410 and ask to speak to Liam Owen or Susan Ford or email us here. We offer a no obligation initial telephone consultation for will dispute claims, contentious probate disputes, inheritance disputes and other contentious probate dispute. We can in some cases offer “no win no fee” for will dispute and inheritance disputes.