Step-sisters’ inheritance hangs on whose parent died first

Which of two step-sisters receives a £300,000 inheritance rests on a judge’s opinion of whose parent died first, in a cautionary tale for parents yet to draft a Will.

In October 2016, John Scarle, 79, and Ann Scarle, 69, both died from hypothermia at their home in Leigh-on-Sea, Essex. Their bodies were discovered when police were called on October 11^th. The last time anyone had seen either was when a neighbour spoke to Mr. Scarle on October 3^rd or 4^th.

They were each survived by a child from a previous marriage and left behind a £300,000 property.

Unfortunately, the couple had not drafted Wills, leaving the decision on which daughter should inherit the house to the rules of intestacy.

The Scarles jointly owned the home, meaning if one had died first, the surviving partner would have inherited the whole house. Once they passed on, their child would have been the automatic beneficiary to their estate.

However, with uncertainty over the circumstances of the Scarles’ deaths, the step-sisters have asked a judge to rule on whose parent died first – and therefore who gets the house.

Scarle vs. Scarle

As reported in the Evening Standard, Mr. Scarle’s daughter, Anna Winter, believes Mrs. Scarle died first – based on the condition of her body when the police arrived on the scene.

This would mean that Mr. Scarle briefly inherited his wife’s share of their home, taking ownership of the whole property, and making his daughter the sole beneficiary.

However, Mrs. Scarle’s daughter, Anna Winter, says there isn’t enough evidence to determine who died first.

In that case, under the Law of Property Act 1925, it would be presumed that the older Mr. Scarle died first, putting Ms. Winter in line to inherit the house.

The question is whether the police report proves beyond reasonable doubt that Mrs. Scarle died first, or whether there’s room for interpretation.

The importance of writing a Will

The tragedy of the story is that if a Will was in place, there would be no need for the step-sisters to battle in court.

As Director of The Probate Practice Joel Weitzman puts it, “This case demonstrates the importance of having a Will. The article mentions that the house was purchased using funds provided by Mrs Scarle but without a Will it is unknown what the couple’s intentions for the house were.

They may have been aware that on the first death it would go to the other and possibly the survivor would worry about a Will at that stage. What is certain is that the few hundred pounds they ‘saved’ by not writing Wills will be dwarfed by the legal costs of this dispute.”

Drafting a Will can help to avoid costly legal disputes for your loved ones. For help drafting yours or help with any other probate issue contact Joel Weitzman at j.weitzman@probate-practice.co.uk.

Delays of up to 12 weeks as probate moves online

Since the introduction of the new online system, grants of probate are taking up to twelve weeks to finalise. When comparing this with the usual ten day turn around, it can’t be deemed entirely successful.

This issue comes as higher probate fees are soon to be introduced, with many people concerned that the new system will not be able to keep up as people rush to apply before the fee hike.

Teething problems causing delays

Previously all probate applications have been assessed manually. The new system was intended to streamline this process, making things quicker and easier for bereaved families. Around 30% of probate applications are now made online.

There appear to be two causes to the delays: Firstly, there is a rush to apply for probate before higher fees are introduced, meaning the system is dealing with more applications. Secondly, the error rate for applications has increased to 74%. When an application for probate is submitted with inaccuracies it cannot be used, so the applicant must start afresh at the back of the queue.

Although the delays are mostly due to simple teething problems, they are having a real impact on grieving families.

Many people rely on selling property to pay inheritance tax bills. Faced with an unexpected delay, families can find themselves in breach of contract, unable to legally transfer the property until probate is granted. In one such case, cited by The Times, one family became liable for a £20,000 fine issued by the Dutch government.

Understandably, some property lawyers are advising people to delay property deals until they are certain they have probate.

Concerns over automated will verification

As part of the probate process overhaul verification of wills is being automated, delegating the task of detecting falsified or altered wills to computers.

Critics point to the high error rate of the new online application system and worry that the private bulk scanning firm Exela won’t be able to match the levels of scrutiny currently used by experienced civil servants.

In response, the HM Courts and Tribunal spokesperson said: “The validity of the will is still checked by HM Courts and Tribunal Service and the added counter measures including holograms, digital seals, and digital signatures make cheating the system even harder.”

In the meantime, inheritance professionals are recommending people with high value or complex estates continue to seek guidance from probate specialists.

Speaking earlier this week Nyman Libson Paul’s Joel Weitzman said “The delays are very frustrating for Executors of Wills and beneficiaries. Many people rely on funds from property sales to pay Inheritance Tax and they can’t sell the property until probate has been granted. If Inheritance Tax is paid late interest is charged”.

We can help you get peace of mind at a difficult time. Find out more about our probate services.