Stepsisters at War in Inheritance Dispute

The stepdaughters of an elderly couple found dead together at home are battling each other in Court over who receives the couple’s £280,000 bungalow in Essex.

John and Ann Scarle were both found dead in their home on 11 October 2016. They both died of hypothermia.  

The two litigants in this inheritance dispute are stepsisters Anna Winter and Deborah Cutler. Anna Winter is John Scarle’s daughter and Deborah Cutler is Ann Scarle’s daughter.

There was evidence to suggest that at least one of them was alive on 7 October 2016 (due to an anniversary card being sent by Mrs Cutler being opened) but no evidence to confirm who died first.

Why does it matter who died first?

John and Ann Scarle owned their bungalow jointly.

If the Court decides that John Scarle had died first, then the bungalow would pass briefly to his wife and then to Ann’s daughter Deborah Cutler. If the Court decides that Ann Scarle had died first, the property would pass briefly to her husband John and then to John’s daughter Anna Winter.

The legal principles

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.

John Scarle was the oldest of the couple (aged 79 years old when he died). Ann Scarle was 69 years old when she died.

John Scarle’s family argued that based on the condition of the bodies when they were found, it was very likely that Ann 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.

Indeed, Anne Scarle’s family argued that compelling evidence would be required for the Commorientes Rule  to apply and effectively it would need to be proved “beyond reasonable doubt” that Ann Scarle had died first.

The Judge has reserved his decision to a later date and our contentious probate lawyers will await the decision in this case with great interest.

Our specialist contentious probate solicitors say:

“Inheritance disputes about the Commorientes Rule are very unusual. Indeed, this is the first case of its kind since the 1960’s. This is an interesting case and whilst the facts are unusual, this cases stresses the importance of making a will and keeping your will up to date to try and avoid inheritance disputes in the future”

If you would like more information about inheritance dispute or if you would like to discuss a will dispute or contentious probate matter, please call 01384 410410 and ask to speak to Liam Owen or Susan Ford. Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief overview of the issues you wish to discuss with us, along with your contact details and we will get in touch if we think we may be able to help.