Probate Procedures
How PPP funds of Deceased Clients are dealt with
When a client for whom the HSE administers a PPP account dies, the HSE must arrange for the transfer of those funds to the Legal Personal Representative (LPR) of the deceased. The HSE’s obligation is to identify the LPR and to pass all PPP funds to that person so that they may distribute the estate of the deceased as per law.
The HSE does not decide who is entitled to inherit the funds of the deceased, nor will we attempt to split payments between families. This is a matter entirely for the Legal Personal Representative.
What happens to a client’s PPP funds should they pass away?
On the death of a client for whom the HSE administers a PPP account, staff at the Care Centre where the deceased resided will:
- Identify from available records who is the most likely LPR of the deceased and contact that person in writing to confirm their status;
- On establishing who is appropriate and willing to act as the LPR, advise that person of the HSE’s requirements before funds can be released in that case and forward relevant details and forms to that person for completion;
- On receipt of fully and properly completed documents, arrange for the transfer of PPP funds to the LPR of the deceased.
A Grant of Probate or Grant of Administration is normally required to facilitate the release of a deceased client’s PPP funds. However, in certain circumstances the satisfactory completion of the Statutory Declaration and Deed of Indemnity Form with supporting documentation will suffice to allow the release of funds. We recommend that you discuss the requirements in individual cases with staff at the deceased client’s Care Centre before submitting a formal claim to act as LPR.
In cases where the HSE has evidence of a dispute among family members or where there are concerns over the right of a person seeking to act as the LPR, the HSE reserves the right to require the production of a Grant of Representation in any case.
Statutory Declaration and Deed of Indemnity Form
This is a legal document which is completed and signed by the LPR confirming that they have taken responsibility for distributing the estate of the deceased as per law and indemnifying the HSE from any claims from third parties over claims on the estate of the deceased. Any person acting as LPR is required to complete and return this form, with attached supporting information, before any PPP funds will be transferred to them.
This is an important legal document. It is imperative that anyone seeking to act as LPR satisfies themselves that they are the person(s) most entitled to do so and that they fulfil the requirements listed before submitting this form. You must ensure that you understand its implications before signing it and you should consider whether you need to obtain independent legal advice to assist you to understand it prior to signing.
Whom Should I contact if I have a Query?
Specific Queries relating to Individual Cases
If you have a query about the PPP funds of an individual deceased client you should contact relevant staff at the deceased client’s Care Centre who will assist you with your query.
General Queries on HSE PPP Probate Procedures
If you have a general query on HSE procedures around the transfer of deceased clients’ PPP funds you should contact:
James Gorman,
Unit Manager,
HSE Fair Deal Finance Unit and PPP Central Unit,
Block 6 Central Business Park,
Clonminch,
Tullamore,
Co Offaly
R35 F6F8
Phone: 057 93 18422
