Questão jurídica principal
Whether the undistributed inheritance share had to be counted as assets for EL purposes and justified recovery.
Decisão extraída
Yes. The claimant's share in the undistributed inheritance had to be included, and the resulting excess EL payments were in principle recoverable.
Fundamentação extraída
An inheritance share counts as assets from the testator's death. Realization difficulties do not change this. Once the value of the share could be sufficiently determined, EL had to be recalculated, and the absence of that asset was a clearly incorrect application of law.