What happens if someone dies while in receipt of benefits and leaves £30k in savings?

orchid2010

Hi

As ericonabike mentioned, when probate is granted documents automatically go to the DWP so they would be able to see what savings etc she has. When this happened to my MIL, we got a letter saying not to distribute any proceeds of the estate (there weren't any) until they had confirmed that there was no overpayment of benefits. We had to repay about £170 that they said had been overpaid.

NAR

orchid2010 wrote: »

Hi

As ericonabike mentioned, when probate is granted documents automatically go to the DWP so they would be able to see what savings etc she has. When this happened to my MIL, we got a letter saying not to distribute any proceeds of the estate (there weren't any) until they had confirmed that there was no overpayment of benefits. We had to repay about £170 that they said had been overpaid.

You should not have repaid any money to DWP. If she had no residual estate then the debt would have died with her.

[Deleted User]

ericonabike wrote: »

The process is [almost] automatic as they have second claim on the estate

Third claim.

Funeral first.

MKBS

Could a Deceased Estates Notice in the London (or other) Gazette protect from a DWP claim against the estate, or at least encourage them to submit any claim within the period of the notice?

antrobus

MKBS wrote: »

Could a Deceased Estates Notice in the London (or other) Gazette protect from a DWP claim against the estate, or at least encourage them to submit any claim within the period of the notice?

Placing a notice in the Gazette only protects the PR against a claim from a creditor; it doesn't protect the estate.

getmore4less

Bedsit_Bob wrote: »

Third claim.

Funeral first.

They are actualy 5th along with other unsecured creditors and HMRC.
(it changed in 2003)

1. Secured creditors.
2. The funeral expenses.(if paid from estate, if paid by a relative they join group 5)
3. Testamentary expenses.
4. Preferred debts and Preferential debts(very few now)
5. Unsecured creditors e.g. debts to local and central government. utility bills, bank loans, credit and store card debts.

paddedjohn

OP, you need to get on the phone to the DWP, if she isnt entitled to the benefit, no matter how its dressed up, she is commiting fraud. Fair enough she may not be of sound mind now but she cant have always been like that.