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6 months to give money to beneficiaries ?

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Comments

  • Delays may also be caused by the DWP investigating the estate, especially if the deceased was on Pension Credit. An interval of three months between letters is not unusual with them.
  • Shelldean
    Shelldean Posts: 2,449 Forumite
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    Delays may also be caused by the DWP investigating the estate, especially if the deceased was on Pension Credit. An interval of three months between letters is not unusual with them.

    Three months??? We're almost at six months since last contact. And that was just an acknowledgement of information sent. Last proper correspondence was beginning of July.

    Good job there's no time limit we'd be well over as the year anniversary is mid March, not going to be resolved by then.



    I think the six months wait is sometimes mentioned in case a creditor comes.out of th woodwork. Maybe they suggest it to protect the executors? Although an ad in the London Gazette should work just as well
  • Mojisola
    Mojisola Posts: 35,574 Forumite
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    Shelldean wrote: »
    T
    I think the six months wait is sometimes mentioned in case a creditor comes.out of th woodwork. Maybe they suggest it to protect the executors? Although an ad in the London Gazette should work just as well

    The solicitor who dealt with Dad's estate said that if they put an advert in the LG, they always wait for three months after the advert before taking other action in order to give creditors time to come forward. I think it's accepted 'best practice' rather than a law.
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    Mojisola wrote: »
    The solicitor who dealt with Dad's estate said that if they put an advert in the LG, they always wait for three months after the advert before taking other action in order to give creditors time to come forward. I think it's accepted 'best practice' rather than a law.
    Gazette notices must specify the date by which claims must be submitted. The minimum period is two months from the advertisement date. S27 Trustee Act 1925. This is the law not "best practice".
  • Mojisola
    Mojisola Posts: 35,574 Forumite
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    And 'best practice' often goes further than the limits set by the law.
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    Mojisola wrote: »
    And 'best practice' often goes further than the limits set by the law.
    What evidence had you that supports your assertion that in this case more than the statutory period is so called "best practice"?
  • Mojisola
    Mojisola Posts: 35,574 Forumite
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    Mojisola wrote: »
    The solicitor who dealt with Dad's estate said that if they put an advert in the LG, they always wait for three months after the advert before taking other action in order to give creditors time to come forward. I think it's accepted 'best practice' rather than a law.
    g6jns wrote: »
    What evidence had you that supports your assertion that in this case more than the statutory period is so called "best practice"?

    As above.............
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    Mojisola wrote: »
    As above.............
    Not evidence but hearsay. Just because a single solicitor says that is what they do does not make "good practice". The law is crystal clear I.e the statutory period is two months. There is no need whatsoever to wait any longer.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
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    g6jns wrote: »
    Not evidence but hearsay. Just because a single solicitor says that is what they do does not make "good practice". The law is crystal clear I.e the statutory period is two months. There is no need whatsoever to wait any longer.

    That's fine. You would it one way. My very good solicitor and all his experienced colleagues choose another way.:)
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    Mojisola wrote: »
    That's fine. You would it one way. My very good solicitor and all his experienced colleagues choose another way.:)
    My point was that you stated that it was best practice when in fact you had no real evidence that it was. That was, at best, a mistake but at worst deliberately misleading. Best practice means that it is just that and suggests it is widely practiced. Your assertion was simply wrong.
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