Can dwp claim back money from deceased father

midnight_express

scottay2hottay wrote: »

She has expressed no interest in the inheritance, so does she still need to sign?

Yes she does. However, if your Dad had over £16k and was claiming housing benefit (that he wasn't entitled to) over a long period of time then there will have been a massive overpayment (maybe tens of thousands). There might be nothing left for you to inherit.

pmlindyloo

How Long Do You Have To Contest A Will?

Legally you have ONLY 6 MONTHS from the date of grant of representation (probate usually) to contest a Will, although to ensure the time limit does not become an issue you should commence action as soon as possible after death.

That is the reason the solicitors can delay after probate has been granted.

Your sister can contact the solicitors who say that she does wish to contest the will (might need some 'offical' type of declaration.)

sleepless_saver

midnight_express wrote: »

Yes she does. However, if your Dad had over £16k and was claiming housing benefit (that he wasn't entitled to) over a long period of time then there will have been a massive overpayment (maybe tens of thousands). There might be nothing left for you to inherit.

He may well have been getting pension credit, in which case the housing benefit would not be affected by the £16k limit. We don't have enough information to speculate on what might be due back to DWP.

scottay2hottay

He had less than 16k, I don't think you can count insurance as an asset as it was only payable on death. I didn't think that you could count dla either

Torry_Quine

scottay2hottay wrote: »

[FONT=&quot]In other news, i just received an email from the solicitor "[/FONT][FONT=&quot]I would be unable to distribute until 6 months after the Grant in case your sister does make a claim. The date of the Grant is 10th July 2012. The claim by the DWP is also a valid claim against the estate and I would also be unable to distribute until their claim is finalized."
I forgot to mention that I had a sister who wasn't named in the will ( i met her for the first time at my dads funeral) and she hasn't tried to contest the will.
Is the solicitor able to keep the money "just in case" she makes a claim against the estate. I didn't think it worked like that
[/FONT]

Don't know where you are but in Scotland even if not in the will a child cannot be disinherited. She could give up the right to inherit but doesn't have to.

midnight_express

Anything over £6k can effect means tested benefits. I guess you'll have to wait until the DWP work out if there is an overpayment.

Contesting wills costs a fortune. Only the lawyers would end up with any money.

pmlindyloo

The DWP might take some time to work this out!

Since the age of 60 your dad would have been allowed £10000 savings.
The Life Assurance won't have counted.

If your father was receiving Guaranteed Pension Credit (any amount however small) then he would have been entitled to full HB and CTB.

I suspect that with the sums mentioned and if your dad had no private pension, then your dad would have been receiving Pension Credit (which 'tops up the state pension). The savings/capital rules for Pension Credit are fairly generous.

DLA is non means tested so there would be no repayment due.

Of course we don't know what he was receiving but just wanted to put the other possibility that he would not have any money to pay back (instead of tens of thousands that someone suggested!)

The letter from the DWP is a standard one that is sent out regardless and certainly doesn't mean that there is any overpayment due.

Finally, sorry to hear of your dad's death and the circumstances surrounding it.

scottay2hottay

Upon further inspection of his assets and liabilities, there was an overpayment of state pension, pension credit and DLA ( a total of 332.72). Sorry I didn't mention this before but i didn't think it was relevant. thank you for all your replies ( is there a thank you button because I cant find it).

pmlindyloo

scottay2hottay wrote: »

Upon further inspection of his assets and liabilities, there was an overpayment of state pension, pension credit and DLA ( a total of 332.72). Sorry I didn't mention this before but i didn't think it was relevant. thank you for all your replies ( is there a thank you button because I cant find it).

This overpayment is probably payments which were made after his death - quite common and they are obviously entitled to have it back.

The good news then that he was on Pension Credit. This means that there can not have been an overpayment of HB or CTB.

No overpayment for DLA as it is not means tested.

The only possibility then is an overpayment of Pension Credit. I think, on what you have told us, that this is unlikely.

Hope there are no surprises in store.:) No doubt the solicitors will take a hefty sum.:eek: Have you asked them what their charges are?

scottay2hottay

The solicitors have said that they aren't going to tell me how much their costs are for another fortnight. I had already reported them to the legal ombudsman because they had indicated that they were going to charge me for clearing up the mess regarding the mistaken sale of my dads items, so we are not on the best of terms lol!