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probate and all that

hi


I am obtaining a second grant of probate, the company that dealt first with it I am getting rid of because they are dragging their heels over various issues which in am 100% sure I can resolve myself[mainly beneficeries] I have sworn an oath and I am waiting for the letters of admin to come through


basically my question


my relative died in july 2011 and they have still not sorted paying the dwp , I know something is owed to them, they are saying to me that they have contacted them by phone and the case is closed now so no worries.


I don't want to pay this out in case there is any come back, so what should I do,


withhold paying out to get this sorted, I thought verbal contract was not valid, or should I sort this out myself


many thanks for any replies

Comments

  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    You should resolve the matter with the DWP yourself if you do take things on. Have you cleared the second grant with the Probate Office though? What is their attitude to a new administrator?


    A verbal contract is (normally) perfectly valid - the difficulty lies in proving what its precise T&C are.
  • Savvy_Sue
    Savvy_Sue Posts: 47,798 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Please clarify: do you mean
    jewls wrote: »
    my relative died in july 2011 and [STRIKE]they [/STRIKE] the company engaged to obtain probate have still not sorted paying the dwp , I know something is owed to [STRIKE]them[/STRIKE] the DWP, [STRIKE]they [/STRIKE] the probate co are saying to me that they (the probate co) have contacted [STRIKE]them [/STRIKE] the DWP by phone and the case is closed now so no worries.

    Will this company not give you a statement of what they have done?
    Signature removed for peace of mind
  • jewls
    jewls Posts: 165 Forumite
    I do not have the grant yet, but received interim accounts from this company.
    this is how I noticed that they have not paid them, so I phoned them on numerous occasions and they say they are dealing with it, my last conversation was that they have told her the account was closed and nothing is owed, I feel I need this in writing, because the amount is £3800 so its a lot of money.


    Her bank account was not closed on her death as she was under court protection with the local authority and they let it run on for 6 months

    I wanted copy the cheque with the accounts and send it to all the beneficiaries, but feel I cant do this now


    will the probate company give me a letter to state there conversation with the dwp?
    I will of course try and sort it myself but fed up of having to finish their job for them


    thanks for the replies
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    I think you have to go back and start from scratch checking everything, tying up loose ends, check with each institution where you are not happy with the records.
  • Crabapple
    Crabapple Posts: 1,573 Forumite
    You should contact DWP personally. They normally issue letters confirming that nothing is owed (or how much is owed), so someone else's statement about a telephone conversation is not sufficient cover for you as administrator.
    :heartpuls Daughter born January 2012 :heartpuls Son born February 2014 :heartpuls

    Slimming World ~ trying to get back on the wagon...
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