The dispute over the estates of Leigh-on-Sea pensioners John and Marjorie Scarle was widely reported in the media this week. As a lawyer who prepares Wills, often for a couples in a second marriage, the case brought a double dose of sadly familiar disappointment.
This week HHJ Kramer handed down his judgment in the case concerning Mr and Mrs Scarle. The court was asked to consider the question as to which of them had died first in October 2016, after they were both found dead at their bungalow in Essex.
A recent ruling by the Court of Protection means that someone acting as a deputy for a person lacking capacity will in future be able to make gifts on their behalf for tax purposes, even if the person had not engaged in tax planning before losing capacity.
The Guardianship (Missing Persons) Act 2017, more commonly known as ‘Claudia’s Law’, came into force on 31 July 2019 and will allow a guardian to be appointed to manage the affairs of a missing loved one.