Vol. 524 No. 2
229 Mr. Penrose asked the Minister for Finance if approximately £2 million has been received by the Exchequer as a result of elderly patients dying intestate or where the relatives cannot be traced; if so, if he will consider ensuring that this money is used for special projects for the elderly rather than being subsumed into central funds; and if he will make a statement on the matter. [22048/00]
Under section 73 of the Succession Act, 1965, the estate of any person who dies intestate and without known next-of-kin falls to the State. Moneys falling to the State in this way are paid into the intestate estates fund.
The sum to which the Deputy refers represents funds of deceased patients which had been held by the health boards for a number of years and which have now been paid into the intestate estates fund.
Under section 36 of the State Property Act, 1954, the Minister for Finance's discretion is confined to either leaving the moneys in the fund pending claims from a next-of-kin or to transferring moneys from the intestate estates fund to the central fund. The Minister for Finance does not therefore currently have legal power to transfer moneys from the intestate estates fund in the manner proposed by the Deputy. In the context of legislation currently being drafted in relation to dormant accounts I will consider, in conjunction with the Attorney General, whether it would be possible to provide for the transfer of surplus moneys from the intestate estates fund to the dormant accounts fund which will in turn utilise surplus funds for charitable purposes generally.
