Stepsister’s £300,000 win in court feud over whose parent died last
A JUDGE yesterday ended two stepsisters’ war over a couple’s £300,000 inheritance, ruling that one daughter should get the cash as her parent probably died last.
John and Marjorie Ann Scarle were found dead from hypothermia at their bungalow in Leigh-on-Sea, Essex, in 2016 – triggering a dispute over their joint assets.
Mr Scarle’s daughter Anna Winter and Mrs Scarle’s daughter Deborah Cutler went to the High Court over their inheritance.
Ms Winter’s case was that forensic evidence suggested
Mrs Scarle, 69, died first, resulting in her father inheriting all of the couple’s assets before his death – which would then pass to her. But Ms Cutler relied on a 94-year-old law which creates a “presumption” that, as the elder of the two, Mr Scarle, 79, died first – meaning she would inherit the assets through her mother.
Ruling in favour of Ms Cutler, who now stands to receive all of the £300,000 estate, Judge Philip Kramer said he could not be certain which of the pair died first. He said the couple, both in poor health, were found dead by police on October 11, 2016.
Delivering his ruling Judge Kramer said the presumption in favour of the older person dying first, enshrined in the Law of Property Act 1925, would apply.
The court heard Ms Cutler had offered to settle the case by dividing the assets, including the couple’s home, equally between herself and Ms Winter. At one stage she also offered a 60/40 split in Ms Winter’s favour.
James Weale, representing Ms Cutler, told the judge: “This claim should never have got to trial – it was a case crying out for settlement.”
Ms Winter was also ordered to pay the majority of Ms Cutler’s £84,000 legal costs.
She also faces her own bill for legal costs of £95,000.