Wills and Probate Solicitors

Last month I commented on a heavily publicised case involving two stepsisters who were locked in a bitter inheritance dispute over which of their respective parents died first. This week a decision has been made by the High Court involving this matter.

The case concerned John and Ann Scarle a couple who both died of hypothermia at their home in Leigh-on-Sea, both of their daughters came from previous marriages. Whilst the public are yet to receive further information into the nature of their deaths, their daughters were at war as to who should inherit the family home.

The High Court decided that given the uncertainty surrounding who died first; the argument put forward by Mrs Scarle’s daughter, Ms Cutler, was accepted. Her argument was based on The Commorientes Rule in Section 184 of the Law of Property Act 1925 which states that in the event of simultaneous deaths where it cannot be determined who died first then the younger should be presumed to have outlived the elder. In this case, 69 year old Ann Scarle was presumed to have outlived her 79 year old husband.

Mr Scarle’s daughter, Mrs Winter, argued that the decomposition of her stepmother’s body suggested that ‘on the balance of probabilities’ Mrs Scarle had been dead longer than her husband. However the judge concluded that the Claimant had not provided satisfactory evidence to discharge the civil burden on proof.

Accordingly, in the event of such uncertainty, Section 184 of the Law of Property Act 1925 applies and the younger is deemed to have survived the elder. Mrs Cutler was therefore awarded the entire inheritance of approximately £300,000.

After losing the legal battle, Mrs Winter has now been ordered to pay the majority of Mrs Cutler's legal costs in addition to her own legal costs meaning that the High Court dispute will cost her at least £150,000.

This case is a prudent reminder of the importance of making a will. Whilst situations involving simultaneous deaths are uncommon, they can and do occur. It is important therefore to have a will prepared by a solicitor which clearly sets out your instructions and thus avoids any ambiguity which will inevitably arise should someone die intestate (without making a will).

This situation would not have arisen had Mr and Mrs Scarle made a will clearly setting out their intentions in the event of their deaths. Other measures including but not limited to property transfers could also have been taken to ensure their share of the property was bequeathed to their own biological children. Mr Scarle’s daughter is now left in a situation where not only is she mourning the loss of her father but has also been left without an inheritance and instead a significant legal costs bill.



Author Caroline Roche is the director of the Wills and Probate department at Duncan Lewis and is an experienced contentious probate solicitor. Her specialist experience includes, drafting complex wills; advising on inheritance tax due from an estate; gathering the estate when a loved-one has passed; dealing with both taxable and non-taxable estates, handling the affairs when a loved-one has died without a will.


Contact Caroline directly on 020 3114 1104 or caroliner@duncanlewis.com.




Duncan Lewis Wills & Probate Department

Duncan Lewis’ wills and probate solicitors offer a comprehensive and personal service. As specialists, our expertise includes, drawing up wills; advising on inheritance tax, property law, and international wills. We offer you clear and focused advice, guiding you through the process.

We understand that drawing up a will or administering an estate can be an emotional experience, therefore, our specialist team will make sure that the future of your family is secure and your wishes are carried out.

To instruct a specialist wills and probate solicitor, call 033 3772 0409.