I have an interesting appeal here. The appeal is from a widow, estranged from her husband, whose address at the point of death was the same as the widow’s (!). We were paying her as a single person as per her claim!
He died intestate and under intestacy law she is entitled to the first £125K and has a life interest in 50% of the remainder of the estate (net value £234K). Therefore a balance of £53,500.00 has fallen to the amount, leaving her with an inheritance of £178,500.00. This amount she cannot disspose of but can use any profit from investment (rent from property etc.)
So far, so good. Now for the problem. Her two sons have had all the estate leaving her with her part (the marital home which was hers in any case and was not part of the estate). Her daughters have had nothing from the estate.
Does the amount of £53,500.00 fall into the category of disregarded capital? I cannot find anything to suggest either way. I am therefore minded to include it as capital.
Next, in my view, as she did not have the money, this has to be treated as deprivation since it was her inheritance that has been disposed of.
Any views on this? All opinions welcome (honestly!).
Do I know what I'm doing? The jury's out on that........................
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