The commorientes rule (section 184, Law of Property Act 1925) relates to property ownership and applies when two or more people have died in circumstances where it is uncertain who died first. The rule states that, unless the court determines otherwise, the eldest of the deceased is presumed to have died first. This presumption can be overturned if evidence is presented to the contrary.
How can the commorientes rule affect inheritance?
The commorientes rule can have a significant impact on inheritance as demonstrated by the recent case of Scarle v Scarle, which saw two step-sisters embroiled in a dispute over their parents’ estate. The case concerned the deaths of Mr. and Mrs. Scarle, who were found together in their property, both having sadly died from hypothermia. Both of the deceased had children from previous relationships and the question of who would stand to inherit, was completely dependent on which of the couple survived the other.
The coroner was unable to determine which of the couple, perhaps had died first. Mr. Scarle’s daughter, Anna Winter, argued that, even though she was the younger of the couple, there was some evidence that her step-mother had died first. If so, her estate would have passed briefly to her husband, and then when he died, on to Anna. Anna’s step-sister, Deborah Cutler, claimed it was not possible to determine who died first and therefore the rule of commorientes should apply, meaning she would inherit via her mother.
The court had to decide whether there was enough evidence to establish who died first and, having heard the evidence, Judge Philip Kramer concluded that ‘…there is uncertainty as to the order of death. Section 184 applies and the younger is deemed to have survived the elder.’ The application of the commorientes rule meant that Mrs Cutler was successful in her claim.
Such cases are uncommon, and it is unusual to have to rely on the commorientes rule. However, if Mr and Mrs Scarle had taken advice and put Wills in place the order of their deaths may not have had an such an imbalanced impact on the distribution of their estates. This case highlights the importance of taking professional advice and having an appropriately drafted Will to ensure that your wishes are properly recorded. Family arrangements can be more complex these days and protective trusts can be used to ensure that assets pass to beneficiaries as intended. A solicitor or professional advisor will be able to recommend the best way to draft your Will and at Timms we are always happy to talk you through your options.
For further information regarding this blog, please contact me at k.baldock-grimes@timms-law.com or on 01283 214231.
