Inheritance in will

G6JNS

Shelldean wrote: »

It took us a while to get probate for various reasons. Yet our probate was granted months ago, June to be exact. So six months have passed.
Nothing has been distributed yet, not because the executor is inefficient, but because dwp are involved.

You have to judge each case individually as the circumstances will vary.


I don't believe you can make such a sweeping statement saying if it takes longer than 3 months to distribute then the executor is inefficient. It's bit like saying everyteen who wears a hoody is a thug!!!

In what way are the DWP involved and why is there such a delay? If there is a significant amount owing to them, or from them, how was an accurate amount decided in order to be able to apply for probate?

Shelldean

Dwp believe probably correctly that the deceased did not declare all savings. Unsure if this a deliberate deception on the part of the deceased or not, as several accounts were only found when the banks were asked to do a full search for accounts held by deceased.

Probate was applied for using the balances of all bank accounts. The probate forms state that the probate dept will and do liaise with other depts.
So once probate was granted using the grand sum of all bank accounts this figure was passed to dwp, who must've then realised it did not match the figure they held.

They then wrote to the executor asking for some basic information which was supplied. The next letter stated they believe there had been an.overpayment, and advised executor not to distribute until they had finished their.investigations.


At the time of applying for probate executor wasn't aware overpayment so applied using total of bank account.


Why is there such a delay??? Dwp is a govt dept, have you ever know one of them to work fast??? In the letter asking for more information they gave a deadline of early August, which was met.

g6jns_2

Shelldean wrote: »

Dwp believe probably correctly that the deceased did not declare all savings. Unsure if this a deliberate deception on the part of the deceased or not, as several accounts were only found when the banks were asked to do a full search for accounts held by deceased.

Probate was applied for using the balances of all bank accounts. The probate forms state that the probate dept will and do liaise with other depts.
So once probate was granted using the grand sum of all bank accounts this figure was passed to dwp, who must've then realised it did not match the figure they held.

They then wrote to the executor asking for some basic information which was supplied. The next letter stated they believe there had been an.overpayment, and advised executor not to distribute until they had finished their.investigations.


At the time of applying for probate executor wasn't aware overpayment so applied using total of bank account.


Why is there such a delay??? Dwp is a govt dept, have you ever know one of them to work fast??? In the letter asking for more information they gave a deadline of early August, which was met.

Noted. A real can of worms! Whilst the DWP may be slow there is no excuse for them taking this long. AFAIK the DWP are not routinely passed details of probate applications but HMR&C are for obvious reasons. I would suggest that your MP should be involved to get the DWP moving.

getmore4less

G6JNS wrote: »

In what way are the DWP involved and why is there such a delay? If there is a significant amount owing to them, or from them, how was an accurate amount decided in order to be able to apply for probate?

The capital return allows for estimates.

BobQ

It never ceases to amaze me how people left something in a will think that the process of executing a will has to be done against their timescales rather than those of the people the deceased entrusted to do the job.

g6jns_2

BobQ wrote: »

It never ceases to amaze me how people left something in a will think that the process of executing a will has to be done against their timescales rather than those of the people the deceased entrusted to do the job.

Nevertheless executors have a duty to deal with matters without undue delay.

Shelldean

g6jns wrote: »

Noted. A real can of worms! Whilst the DWP may be slow there is no excuse for them taking this long. AFAIK the DWP are not routinely passed details of probate applications but HMR&C are for obvious reasons. I would suggest that your MP should be involved to get the DWP moving.

Oh it's a real can of worms. I believe it's taking so long due to the amounts involved. And I believe they'll request more information before concluding their investigations, hopefully I am wrong but feel they will.
You might be correct the forms might state probate contact HMRC rather than DWP. I just recall seeing it mentioned that one dept will liaise with another. Without digging out the paperwork I can't be sure. But which ever it was it was a govt dept lol

BobQ wrote: »

It never ceases to amaze me how people left something in a will think that the process of executing a will has to be done against their timescales rather than those of the people the deceased entrusted to do the job.

No will in our case, died interstate.

getmore4less

When you register a death the registrar should give you/or send off the form BD8 for the DWP.
If the person had a Service pension they should also give you a form/death cert for that free.

The tell us once service is another method to notify many government departments.

If you don't use tell us once HMRC will need to be notified separately.

g6jns_2

Shelldean wrote: »

Oh it's a real can of worms. I believe it's taking so long due to the amounts involved. And I believe they'll request more information before concluding their investigations, hopefully I am wrong but feel they will.
You might be correct the forms might state probate contact HMRC rather than DWP. I just recall seeing it mentioned that one dept will liaise with another. Without digging out the paperwork I can't be sure. But which ever it was it was a govt dept lol





No will in our case, died interstate.

Thanks for that. Whilst I take your point about the Government Departments the amount should not affect their speed. Either they have the information or they don't! Most of my dealing with them have been OK except for HMR&C and their predecessors. I successfully sued them three times because of their incompetence and delays. It was very satisfying to sit in Court and hear their representative being told off by the judge. I just wish I had a video of the events! I digress. What has long bothered me is the number of loopholes I the UK system of dealing with estates. Much as I dislike bureaucracy I can't help feeling that there needs to be a complete overhaul. Realistically I don't suppose there are many votes in it so I don't expect it to change. What has always particularly bothered me is that a quite innocent beneficiary can be pursued for funds in some cases where an executor has got things wrong. Also the lack of supervision of executors who can get away with acting in an unscrupulous manner. The list goes on....

Shelldean

g6jns wrote: »

Thanks for that. Whilst I take your point about the Government Departments the amount should not affect their speed. Either they have the information or they don't! Most of my dealing with them have been OK except for HMR&C and their predecessors. I successfully sued them three times because of their incompetence and delays. It was very satisfying to sit in Court and hear their representative being told off by the judge. I just wish I had a video of the events! I digress. What has long bothered me is the number of loopholes I the UK system of dealing with estates. Much as I dislike bureaucracy I can't help feeling that there needs to be a complete overhaul. Realistically I don't suppose there are many votes in it so I don't expect it to change. What has always particularly bothered me is that a quite innocent beneficiary can be pursued for funds in some cases where an executor has got things wrong. Also the lack of supervision of executors who can get away with acting in an unscrupulous manner. The list goes on....

g6jns


Have msg'd you.