Capital in probate

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  • #31875
    twill
    Participant

    Customer’s husband has died and his bank account in which there is £47k has been frozen until probate has been granted. Am I correct in thinking that this sum would not count as customer’s capital until the date probate is granted, as effectively she is unable to access the capital?

    #89123
    Kevin D
    Participant

    Agreed, but with the proviso that if the delay becomes deliberate in order to obtain benefit, the capital could, at that point, be regarded as the claimant’s (at least to the extent of deprivation) – see [b:c6db0173bc]CIS/1189/2003[/b:c6db0173bc] (citation courtesy of jamcon).

    #89124
    twill
    Participant

    Many thanks Kevin

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