Overpayment of pension

madbadrob

I feel for you but unfortunately as executor you are liable for any mistakes. You havent said if there were any beneficiaries or whether this money was just enough to pay the funeral. I have to say though that you have made two fundamental mistakes which you could have avoided had you been aware of the protocols of being an executor. These could have been searched online. For anyone else who may read this. Always inform the bank immediately of a death and thus freeze the account so no monies can be paid in and take your time in dealing with the estate until you are fully confident you know what you are doing. If in any doubt ask the CAB for advice

Rob

dzug1

The money that was in the account on death can be used for the funeral bill. Anything else in it at that time was yours to distribute as executor.


The pension that went into the account after death has to be repaid. Assuming it's calculated correctly but otherwise full stop.

uknick

simpywimpy wrote: »

I thought I had notified everyone I had need to uknick. Im not one to not pay but feel Im paying a bill here that I didnt actually benefit from in the first place

Didn't mean any offence; just clarifying for the other poster what happened.

With regard to the problem, you say your emails haven't been answered but have you tried to speak to them to explain the problem?

simpywimpy

No offence taken. Have put it in writing now rather than email asking for breakdown of the amount etc but still no response.

simpywimpy

Update ..

Sent a letter to the pension company in July saying I didn't feel the debt was mine and why but enclosed a cheque for £600 in full and final settlement of the matter. I didnt hear anything at all from them but this week the cheque has been cashed.

Am I right in thinking that cashing the cheque shows their acceptance of my offer?

pmlindyloo

simpywimpy wrote: »

Update ..

Sent a letter to the pension company in July saying I didn't feel the debt was mine and why but enclosed a cheque for £600 in full and final settlement of the matter. I didnt hear anything at all from them but this week the cheque has been cashed.

Am I right in thinking that cashing the cheque shows their acceptance of my offer?

Not necessarily. It would depend on how you worded the letter.

You should have said something along the lines of 'please confirm that you accept this money as full and final settlement of the debt'.

At the moment it seems that they could still come after you for the remainder. You need to get in writing that they have accepted it as a full and final settlement.

g6jns_2

simpywimpy wrote: »

Update ..

Sent a letter to the pension company in July saying I didn't feel the debt was mine and why but enclosed a cheque for £600 in full and final settlement of the matter. I didnt hear anything at all from them but this week the cheque has been cashed.

Am I right in thinking that cashing the cheque shows their acceptance of my offer?

No it does not. You cannot impose a condition in this way. Unfortunately you made mistakes and you are liable for the full amount. You should ask to arrange a plan to repay by instalments. This will be cheaper than if they take you to court.