hmrc debt of deceased :-(

leckershell

"They put him on!invalidity benefit back in 1995, instead of disability benefit, which they later corrected, but by then the overpayments had been made.
!"

getmore4less

leckershell wrote: »

"They put him on!invalidity benefit back in 1995, instead of disability benefit, which they later corrected, but by then the overpayments had been made.
!"

When was it fixed, why was it not sorted out then?

IS there money in the estate to cover this?

Tuesday_Tenor

I have no idea whether a return of overpayments can be demanded after such a long time.

Assuming it can, and (when explained in detail) you agree the amount is correct, it is something the Executor of the Estate has to deal with. Your mother should not be paying anything personally out of her own funds. The letter does says that the monies are repyable 'from the estate'.

I will say though, that the timescale is ridiculous. Your step-dad died a month ago and your mother receives a letter yesterday demanding payment by 7th December! The Executor might not even have been officially appointed through the probate process by 7th Dec!!

Your mother needs to contact them to
(a) Clarify anything she doesn't understand. Including needing something in writing about how far back they can reclaim overpayments.
(b) Question the payment date. Are they saying there are penalties for missing this deadline? I can't beleive this can be the case following a death, as the estate will take a while to sort out.

Then, if she agrees the demand needs to be paid
(c) Inform them who the executor is and when the probate is likely to be granted and when the estate is likely to be administered. This is unlikely to be before 7th Dec!!

leckershell

"I AM!the executor of Mark's!estate!and it hasn't gone to Probate yet (that's the courts!confirming that I AM the executor, all a load of red tape really), because I've been dealing with stuff myself, so far (makes it cheaper on solicitors bills - most of it's done already).!
Anybody would think!we were millionaires trying to 'do one'.!
"

daska

I would suggest writing to them explaining that Probate has not yet been granted and requesting a full breakdown of the disputed payments and an explanation of how the mistake came about and why it was not rectified at the time. You'll probably get the same std letter back, when you do send it to his MP requesting that they chase a full explanation and proof as, obviously, your main witness is deceased and therefore unable to confirm/deny the DWP's claims.

getmore4less

leckershell wrote: »

"I AM!the executor of Mark's!estate!and it hasn't gone to Probate yet (that's the courts!confirming that I AM the executor, all a load of red tape really), because I've been dealing with stuff myself, so far (makes it cheaper on solicitors bills - most of it's done already).!
Anybody would think!we were millionaires trying to 'do one'.!
"

So mum should redirect HMRC/DWP to you and return the letters, not just give them to you.

Were you named executor in a will.

With a potential outstanding debt on the estate you may need to make further enquires before you can complete the relevent forms(IHTXXX) any make the application for the grant. .


It is not red tape, it make you legaly liable if you do the job wrong.

leckershell

No no no I'm not the executor I was cutting and pasting my mum's email... she's the executor.x

daska

OK, your mum's the executor. Unfortunately it's not just red tape, if she gets it wrong she is legally liable.

HMRC/DWP etc tend to be tenacious if they believe they're owed money. Tell her to keep a record of every single communication (including a diary of who she speaks to and when) and never to trust what she's told on the telephone until it's confirmed in writing.

RAS

The estate of dad will owe the money back if it is proved payable.

Was there enough in the estate to repay this debt?

I would however suggest she speaks to someone like AgeUK, as since the DWP put him on the wrong benefit, it may make a difference.