Who died first? Scott Taylor and Hayley Robinson discuss a case which explores the modern approach to an age-old problem ‘Judge Kramer raised that the facts surrounding the death are equivocal and the picture is incomplete even when considered in conjunction with the evidence of the pathologists.’ In the recent case of Scarle v Scarle …
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Wills & Trusts Law Reports | Winter 2019 #177A husband and his wife were both found dead at their home in October 2016. Both were found to have died of hypothermia, and the wife‘s body in a more advanced state of decomposition. They left jointly-owned property which fell to be distributed differently depending on which of them died first. The parties were the executors of their respective estates.
s184 Law of Property Act 1925 provides as follows: “In all cases where… two or more persons have died in circumstances rendering it uncertain which of them survived the other or others, such deaths shall (subject to any or...
