DWP claim against estate

jacques_chirac

IWhobbit wrote: »

If it's any help, I have had the same problem with the DWP trying to grab a chunk of my late mother's estate. She died in 2013 and as her only child I am both the executor and beneficiary of her estate. Neither my late mother or I am innumerate (I'm a design engineer). They demanded bank statements going back to 2003, which as most of you would know would not be available, as bank statements only go back 6 years. It seems that all they wanted to find out was how much money she had. I wrote back and required all the Pension Credit and Savings Credit payments she received so that I could check for myself if she was overpaid or not. I also pointed out that her financial situation should have been reviewed 5 or 6 years later (in 2009) and the estate should not be made liable for any over payments prior to that.
This has taken a considerable amount of time and effort to get to know the Pension and Savings credit rules, especially over a long time. Mother was severely disabled and housebound for the last six years of her life, which would have actually entitled her to more Pension Credit, which it looks like she did not receive.I find this sort of action by the DWP to be downright immoral, as well as causing immense extra stress to elderly people who may not be maths experts, as well as finding it a deeply sinister means of gouging money from soft targets. It seems that they are trying to make executors and beneficiaries pay for their negligence and mistakes. I have already made strong representations to my local MP in order to prevent this sort of thing happening to others.
As for me, I am defenately not a soft target!

Welcome to MSE.

It is worth checking the date of posts before putting effort into a response - this one is eighteen months old.

john539

jacques_chirac wrote: »

Welcome to MSE.

It is worth checking the date of posts before putting effort into a response - this one is eighteen months old.

But it seems to confirm DWP make mistakes & go on trawling expeditions.

There's nothing wrong with old threads and old threads being added to, which is pretty rare anyway.

It was always a mistake for MSE to automatically close old threads.

MissMoneypenny

IWhobbit wrote: »

I have had the same problem with the DWP trying to grab a chunk of my late mother's estate. She died in 2013 and as her only child I am both the executor and beneficiary of her estate.

I find this sort of action by the DWP to be downright immoral, as well as causing immense extra stress to elderly people who may not be maths experts, as well as finding it a deeply sinister means of gouging money from soft targets.

They weren't stressing an elderly person. The DWP are claiming from the estate.

IWhobbit wrote: »

It seems that they are trying to make executors and beneficiaries pay for their negligence and mistakes.

Nothing to do with beneficiaries. It's the executors job to ensure the estate is finalised (and that includes an OK from the DWP if they were claiming benefits and state pension) before anything is distributed to beneficiaries. That's why I always refuse to be an executor.

Someone I know is still angry many years later because; as her mother's executor and sole beneficiary, she thought she would inherit a substantial sum. However, she had failed to decare to the care home that her mother had substantial funds and on her mother's death, they discovered this and billed her estate for 13 years of care home fees. It wiped a large percentage of the estate. She had worked so hard to make her mother change her will and make her the sole beneficiary, too.:D

Jon_Robinson

IWhobbit, I do not see any errors or mistakes made by DWP staff from what you have described nor do I find what they are doing immoral. The error could have been made by your late mother and, if due to her mistake an overpayment has been made, then recovery from her estate is appropriate.

For example, did your mother make a claim for a benefit in 2003 e.g. Pension Credit (which was introduced that year, replacing Minimum Income Guarantee)? Or, perhaps she signed a review form for an existing benefit at that time?

DWP’s Recovery from Estates section has access to all estates registered and something has triggered their interest. If the moveable assets shown i.e. cash and savings are substantial then they will wish to know exactly what was declared when that original claim (or review) was undertaken.

Not being specific to your situation but they intervene for a reason and sometimes than can be when they feel there may be a case of non-disclosure or perhaps an error made by the claimant. They will obtain the original claim form(s) from the Pension Service which will show savings declared. The request for bank statements would follow which should confirm the figures used match what a claimant specified on the form. If they don't then perhaps an over or under payment has been found

Statements are available from my bank for a lot longer than six years that is for sure. Indeed, DWP can go directly to any bank and ask them for copies of statements and they WILL be provided for any period specified by them. Permission will not be sought because authority is given when a benefit claim form is signed by the customer. It may well be that RFE already know which banks/branches a customer used but are giving the executor the opportunity first to provide what is needed.

Lovehols_2

Hi can any one help me my daughter and son have been left a house in a will and the solicitor my daughter and her step mom are executors. The probate was okayed and little bits of the estate was pays out on bills and to charities. It was put in the paper for anyone to claim before 23rd January. Now the solicitor says the DWP want to know about the estate. He told my daughter he feels it just a formality and doesn't see any problem and it would only take about 10 days for it to come back. He says he can't give any money out to them until it is sorted. Does anyone know if it is quick if things are in order or will it take ages? My son is buying a house which is was using the money for a deposit and now doesn't know what to do he has a meeting with morgage on 6th February do you think this is now to early to expel the DWP to reply and if so why is a solicitor say such a thing? Can a solicitor chase this? Is the DWP laws different in Wales or is he miss leading my daughter? Please is there anyone who know the answer to this thanks

nannytone_2

it takes as long as it takes i'm afraid.
at least your sone has learnt not to spend money until it is in his hands

rogerblack

Lovehols wrote: »

Hi can any one help me my daughter and son have been left a house in a will and the solicitor my daughter and her step mom are executors. The probate was okayed and little bits of the estate was pays out on bills and to charities. It was put in the paper for anyone to claim before 23rd January. Now the solicitor says the DWP want to know about the estate. He told my daughter he feels it just a formality and doesn't see any problem and it would only take about 10 days for it to come back. He says he can't give any money out to them until it is sorted. Does anyone know if it is quick if things are in order or will it take ages? My son is buying a house which is was using the money for a deposit and now doesn't know what to do he has a meeting with morgage on 6th February do you think this is now to early to expel the DWP to reply and if so why is a solicitor say such a thing? Can a solicitor chase this? Is the DWP laws different in Wales or is he miss leading my daughter? Please is there anyone who know the answer to this thanks

The DWP may take a long time to respond - they are under no requirement to do it quickly.
It is a formality - the DWP will often write asking for details about estates, as they can reveal that someone was considerably overpaid benefit due to not revealing changing circumstances that they may not have understood causing them to be not entitled to what they were claiming.
This can easily run into tens of thousands of pounds overpaid in some cases, so you can see why.

It will take however long it takes.
If the solicitor has recent experience in estates - then it's likely that he knows how long it usually takes.
Relying on it being done by February is not a good plan.

Lovehols_2

Can my daughter ring the DWP herself as executor or will the solicitor who is also executor have to ring to chase

xylophone

Was the deceased in receipt of state pension or other benefits?

Lovehols_2

Pension I believe and had 50K savings but had a £50k morgage on the property