Questão jurídica principal
Whether assets waived during the spouses' lifetime and tied to the rejected estate must be counted in EL calculation.
Decisão extraída
Yes. The waived asset value attributable to the deceased spouse and the claimant's inheritance share had to be treated as notional assets under EL law.
Fundamentação extraída
The sale below market value was a waiver within Art. 11(1)(g) ELG. After rejection of the inheritance and liquidation of the estate, any surplus would belong to the heirs as if there had been no renunciation. Even if the estate was probably over-indebted, the claimant's inheritance share in the deceased spouse's waiver assets remained attributable as notional assets.