Reply To: Can this capital be disregarded?


The UT considered an issue like this involving a divorce. They pointed out that it was beneficial for long delays so that benefits could be paid almost indefinitely. So they put a time limit.

Progress is slow but the COP themselves say an urgent application can be made and sorted within one month. Here you say 8 months. That is the dilemma. I think it is clear that there is no access to capital but I dont think that means for years. I think it is reasonable for you to pay for say 3 months but ask at the same time whether urgent application has or will be made during that time.

If the person dealing with affairs is also the main beneficiary it is easy to understand the conflict here. If benefits are being paid why push too hard. In practice it will merely reduce the amount left in the will. Cynical perhaps but as I have said in other cases, wills bring out the worst in people.