Entitlement to the couple’s joint estate of £300,000 depended on which one died first. If Mr Scarle died first, his estate would have passed to his wife and then on her death, it would pass to her daughter and vice versa. Either way, one daughter stood to lose out.
Ms Cutler made several attempts to settle the case outside of court by suggesting the assets be divided equally and at one point she even offered a 60-40 split in Ms Winter’s favour. However all attempts at negotiations were rejected by Ms Winter, who would only settle for 100% of the estate, and the case therefore went to the High Court.
The Judge therefore relied on an old rule from the Law of Property Act 1925 which states that where there are two deaths very close together, they should “be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder”.
The Judge therefore ruled that Mrs Scarle, who was 10 years younger than her husband, died second and so the estate should pass to her daughter, Ms Cutler. Ms Winter was left with a substantial legal bill of £179,000 as she was ordered to pay Ms Cutler’s legal costs as well as her own.
If you would advice on the administration of an estate then please contact our Wills & Probate team on 01482 323697 for expert legal advice.
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