Hello all

I have a case where funeral grant was refused as money held in clients late husband was seen as his estate. The thing is clients late husband was ill with cancer in his sick bed for 4 months and unable to draw money from his account. Pension credit from joint claim and clients late husbands SRP payed into his account.

Is there any scope for arguing that this was both there money and only half the money left in the account should be considered as his estate?

any help welcome.

Phil

his account or joint account? i expect, imho, that would decide it...

hi clair

his account she had a seperate account for her SRP.

phil

others might disagree, but there may be some difficulty in showing it was joint money.

the best you cuold hope for was to show that part of the joint pension credit claim was joint money and thus part was hers, but not sure if that would work, really ....unless you could perhaps show she had nowt to live on whilst he was in hospital and unable to access his account? and thus that any debts consequentailly accrued are estate debts? clutching at a few straws here.....

the claim was presumably that of the husband and she included as his spouse, so the money went into his account as it was his ....

that's all imho, i may well be wrong but a feeling i'm not.