In a case where the local authority’s deputy is holding funds for the deceased, but the local authority is also owed money by the deceased for care fees, is the deputy entitled to retain those funds before making payment to the PRs?
I wouldn’t have any objection to that approach in a typical case but it could be an issue where the estate has a liquidity problem and certainly in a case where the estate is insolvent.
Is there any guidance or authority which someone can point me to?