Hi all,

My client has inherited a house, which is empty, and client is the executor. I believe that the probate process has not been completed yet.

Capital or not (IB-JSA)...?

Are there possibilities for notional capital if the client delays dealing with the property in his function as executor?

Thanks,

The net value of the estate after deduction of all debts and funeral and testamentary expenses (ie the legal costs of dealing with the estate, any inheritance tax and so on) is theoretically his capital even before probate, for benefit purposes.

But what is he going to do with it? If he is planning to sell it, then it can of course be disregarded while he is taking reasonable steps - of which probate is necessarily the first as the house cannot be sold until he's got it (though it could be put on the market).

Thanks Ariadne. Yes, he is planning to sell it. I'm embarrassed not to have thought of that particular disregard myself... Oh well...