Help! Please read. Family refusing to give over paperwork and money after Nans death

Taradiamond

pHi there,

my Nan passed away last fortnight, my Mum is executor of her will. My Mum is one of four siblings and my Nan had been poorly for some time. It appears she was receiving rather alot of benefits and pension payments, however, all the paperwork to do with the pension is kept by my Mums oldest sister. My Aunt has been collecting the pension on behalf of my Nan for at least the last 7 years.

My Mum has now come to apply for Probate and we are filling out the IHT206 form. We have no idea how much money my Nan was receiving or type of pension. Her Husband died many many years ago and my Aunt is refusing to assist or hand over any paperwork to do with the will other than a receipt to say she has notified that my Nan is now deceased. My Nan has not had to pay Council Tax or Rent for many many years.

Her estate is of minimal value as she has been a labourer in her working life, living in a workers cottage that she rented from the estate. She has lived there for over 60 years and has very little in terms of savings. Her Husband died about 15 years ago.

My Mum is so stressed and just got off the phone to her where she was in tears over the whole matter. She is trying to go about doing this properly but with no luck and her older sister purely laughing at her when she asks for the paperwork. We think the older sister has been claiming extra pensions credits and storing them up as funnily enough, they have had lots of work done on their house and their son is living comfortably despite being unemployed. Obviously we cannot go round accusing her of this but is this something the Police should be involved in or is their any other action we can take to make her hand over paperwork. We cannot afford a solicitor as my Mum is already in debt through personal reasons but as she is working she is unlikely to receive legal aid.

Any help appreciated!!!

RAS

I am sure there will be someone on here who can refer you to the right people at the DWP who can tell your mum exactly how much gran was receiving each week.

madbadrob

As RAS says contact the DWP explain that your mum is executor of your late nans will and that you need confirmation of what payments have been made etc. The banks may be a harder issue but you should be able to speak to them and they may well release statements for you. As there doesnt seem to be any IHT issues you may not need probate at all and can just go to the bank with a copy of the will and death certificates

Rob

Taradiamond

Madbadrob, my Mum is joint executor along with an old family friend who is refusing to get involved unless my Mum gets probate. We will get onto the DWP, must admit we were not sure if my Mum would be able to get info

greenval

Firstly, I'm sorry for your loss.
I lost both of my parents last year and was the Executor of their wills so I know what it's like.
In many areas there is a scheme called something like 'Tell us once'
I got a form when I registered the death, you ticked the boxes for council tax, passport, DWP and sent it off and they notify everyone who will then get back in touch.
Failing that get in touch with DWP pensions section and explain the situation and they will be able to help

madbadrob

Tara,

Thats fine write a letter along the lines of I joe bloggs renounce my executorship of the will of (insert nans name) then have them date and sign it.

Probate will cost around a hundred pounds and it sounds like the estate is not worth much more than this.

Rob

RAS

And whilst you are about it ask the DWP for the details of the bank accounts into which each benefit was paid.

madbadrob

RAS wrote: »

And whilst you are about it ask the DWP for the details of the bank accounts into which each benefit was paid.

Would they give that information?

Rob

Taradiamond

I dont know.....about to find out and will post on here yeh or neigh in case anyone else in similar situation!

getmore4less

It is standard practice to make enquiries to establish the value of an estate before application for the grant.

All relevent parties should should cooperate with the administrators.

Might take a couple of goes to get to them the right information(copy of will proof of identity etc) to release the information you need.

It is not unreasonable to ask for at least 7 years of statements as you need this information to check for any PET gifts(even if you know there are none).



( I think you mean IHT205 IHT206 is the notes)

RAS

madbadrob wrote: »

Would they give that information?

Rob

I am only going on another thread were an executor discovered that despite previous intervention by Social Work (known to the DWP), the DWP had paid the deceased's benefits into an account owned by the known fraudster (who just happened to be the deceased's child).

Took some unpicking but if mum is the executor, I would think they should be able to do this.