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Judgment in Scarfe v Matthews [2012] WTLR 1579

Tom Dumont, instructed by Russell Cooke, appeared for Mme Odile Marteyn, the long term companion of Bernard Matthews, the turkey tycoon, in a £2m+ claim against Bernard Matthews’ Estate, brought by his English children.

The Court decided that the English children could not claim back the French tax they had to pay on the share in their father’s Villa which they had maintained under French inheritance law, contrary to their father’s wishes. The judge applied the doctrine of election and held that if the Estate had been obliged to pay the £2m to them, they would have had a corresponding duty to pass it on to Mme Marteyn.

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