Claim Under Probate - Beneficiary Refuses to Pay

getmore4less

if you gave them to much they owe it back

put it in writing so you have some evidence then when you know how much letter before action and small claims is the route i would be investigating to see if that is a feasible option.

anmarj

Mojisola wrote: »

If she claimed PC ten years ago then it would the rules in place at the time that would apply. How long has she had the higher savings for?

Have you found any paperwork saying whether she had an AIP? If she was given an assessed income period when she got PC, then it wouldn't have affected her benefits if her savings rose during that time.

Added: found this article from 2003 and the savings level was £6000 originally - https://www.theguardian.com/money/2003/jul/08/pensions

The point that the saving levels rose to £10k was November 2009.

madbadrob

getmore4less wrote: »

if you gave them to much they owe it back

put it in writing so you have some evidence then when you know how much letter before action and small claims is the route i would be investigating to see if that is a feasible option.

See this article which shows that they dont always have to pay it back. http://www.express.co.uk/finance/crusader/442370/Beneficiary-falls-victim-to-law-firm-s-overpayment-blunder

As others have said if you have it in writing that a solicitor said it is ok to pay out the shares I would be making a claim against them for wrongful advice. Unfortunately if the beneficiary is not able to pay back due to a change in circumstances you will be liable for the money as executor. Yes the DWP could make you sell things to repay but this is unlikely. They would set up a repayment plan.

I would also question why the DWP as taken so long to inform you of the likely overpayment

Rob

getmore4less

The defence to not pay money back is based mainly on the it is no longer available.

That's why it is important to make them aware that they have received too much ASAP. To later not have the money after being warned would weaken any attempt to not pay it back if it was available at the time they were notified.

Flugelhorn

several decades ago (about 1980) a relative was getting some benefit and when she died there was a claim as she had more than the limit in savings in her account. DHSS ( at the time I think) wanted about £2,500 back. What had happened was that as relative she lived with had simply paid all the bills for some time for the pair of them and so the benefit had gone into her account and was essentially what made up all the "savings".
The DHSS understood this is in the end (with the help of our solicitor) and the amount was reduced to £400 - the remainder being left with the surviving relative who was the sole benficiary