The recent High Court case of Scarle v Scarle highlights the importance of Wills in minimising the risk of family disputes over the distribution of assets. It is particularly important in circumstances, such as this, where it is a second marriage involving children from previous relationships. If both spouses have valid Wills that are consistent, this can help to avoid difficult legal battles during an already emotional time.
What happened in Scarle v Scarle?
The sad facts surrounding this case were that a couple (John and Marjorie Scarle) were found dead at their home by police. Marjorie was 69 years old and John was 79. Both had been married before and each had a daughter from their previous marriages. It was not possible to determine the exact timings of their deaths and the post-mortem examinations showed that they had both died from hypothermia.
The couple owned all their assets jointly (the couple’s house and a bank account with an £18,000 balance). The issue was who had died first since this would determine who inherited their assets. Under section 184 of the Law of Property Act 1925, where the order of death is not certain, it is presumed that death occurs in order of seniority. This would mean that John would have been deemed to have died first, meaning that Marjorie would have briefly inherited everything. She had made a Will leaving everything to her daughter. This would mean that on her death, her daughter would inherit everything and John’s daughter would receive nothing. This is what Marjorie’s daughter was arguing was the correct route to follow.
However, John’s daughter argued against this, seeking to prove that Marjorie died first. John did not have a Will but under intestacy laws, if he were the surviving spouse (and so had inherited everything), his estate would pass under intestacy laws meaning that his daughter would get everything (and in this case, Marjorie’s daughter would get nothing). John’s daughter sought to prove that the evidence showed that her father died second. She argued that the presumption was not engaged if she could prove on the balance of probabilities who died first. Marjorie’s daughter argued that the standard of proof should be higher than the balance of probabilities and should be closer to beyond all reasonable doubt.
The judge heard evidence from the daughters, the police, forensic pathologists, as well as reading the post-mortem accounts. In his ruling, HHJ Kramer stated that the order of death was still a matter of uncertainty. Regarding the burden of proof, he stated this was on the party seeking to prove that the presumption did not apply but that it was the civil standard (the balance of probabilities). He stated that there was not enough evidence to rebut the presumption that was set out under the Law of Property Act 1925. The different rates of decomposition could be explained by two “not improbable explanations”. It could have been caused either by the timings of death or the conditions of the rooms and there was no clear answer as to which this was.
HHJ Kramer ruled that the statutory presumption applied in this case and that it was presumed that John had died first. This meant that Marjorie will have inherited his assets that would then have passed to her daughter in line with her Will. John’s daughter was also expected to pay her own legal costs and those of Marjorie’s daughter.
The importance of a valid Will
This was an incredibly sad case where the surviving family were left battling in a case that resulted in the winning party taking all. The costs in this case reportedly amounted to over £170,000 in relation to assets worth less than £300,000.
Second marriages can cause issues with Wills since both parties may not agree on the outcome, particularly where there is a disparity in their assets. But with the correct legal advice, a couple can be guided on the various routes they can take and come to an agreed decision on how they want their assets to be distributed among the various surviving family members.
Contact our Wills and Probate Solicitors, London
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We offer a tailored approach that explores and addresses the personal circumstances of our clients. Contact our Wills and Probate Lawyers today on 020 7387 2032 or complete our online enquiry form.