DWP Claim and Estate distribution - advice please.

SeniorSam

barryjarcher wrote: »

Not quite sure what you mean here, you mean in the event of their death?

We all die. Some of us prepare with appropriate tax strategies that will help reduce liabilities when we have gone so that the tax man does not benefit so much.

Each of the beneficiaries will soon be adding to the value of their estates, which my then increase their estate values to the area of tax liability unless they have taken suitable action.

Sam

barryjarcher

Yes I did understand you correctly - sorry been one of those days, too many thing floating about my head to think straight. is it Friday yet?

Shelldean

Barryjarcher,

Our letter from DWP mentioned that we should avoid distribution of the estate until their investigation was finalised. Did yours not say the same?

Maybe you could show this to your sisters and say you're only following gov't rules and blame the gov't????? Lol lol

getmore4less

I would have a good trawl around the legality of DWP to go back so far is far from clear.

They need to prove any claim which will hard without information that far back

There are plenty of cases of fishing trips that people just agree to.

G6JNS

getmore4less wrote: »

I would have a good trawl around the legality of DWP to go back so far is far from clear.

They need to prove any claim which will hard without information that far back

There are plenty of cases of fishing trips that people just agree to.

I agree. The normal limit is six years but maybe the DWP are exempt, or think they are, from the law. In any case I would be very cautious of releasing an interim payment when there may be a large claim with interest as well.

Shelldean

DWP seem to be exempt, just look on the benefits board. They come out of the wood work twenty years after they gave people crisis loans and expect them paid back.
So yes it does seem that unlike other debts they can be claimed after the six years

In our case they asked for balances of all accounts on two separate dates, also saying they they realised most bank etc only hold records for six yrs.

The second date was just short of six years ago, the first was when we believed the deceased originally made her claim in 2004. We provided balances for the second date. But all banks said they couldn't provide balances for the 2004 dates.


In our case the deceased should not have claimed anything as she was over the thresholds. So based on the fact she wasn't entitled to anything, we've worked out a rough figure. We're just waiting to see if DWP agree.
It will be a LARGE repayment in our case hence why the executor has not made any interim payments, in case our calculations are incorrect and DWP want more, he isn't in a position to repay anything if there isn't enough left in the estate

System

barryjarcher wrote: »

Thanks !!!!!! but I need more than a think. If they would "need" to be first paid out I would opt for no interim payment as I'm not going to have money handed out liability free of having to pay it back.

As they are named benificiaries then they must be paid what is bequeathed subject to sufficient funds being available in the estate. If you make an interim payment to the executors then the executors will have to pay money back to the estate to cover the beneficiaries if the interim payments and DWP bill leave insufficient funds to meet the bequests

You and your sisters only get any residue AFTER the specified bequests have been paid.

That is why they must be paid before the executors

Shelldean

barryjarcher.

Seems to be fairly common occurrenc, results just from.legal beagles site.

http://www.google.co.uk/search?ie=UTF-8&source=android-browser&hl=en-GB&q=how+far+back+can+dwp+claim&gfe_rd=cr&ei=2p1wVcWiE4no7AbJjoCICQ#q=how+far+back+can+dwp+claim+site:www.legalbeagles.info&hl=en-GB

Shelldean

Mse Google results


http://www.google.co.uk/search?ie=UTF-8&source=android-browser&hl=en-GB&q=how+far+back+can+dwp+claim&gfe_rd=cr&ei=2p1wVcWiE4no7AbJjoCICQ#q=how+far+back+can+dwp+claim+site:forums.moneysavingexpert.com&hl=en-GB

g6jns_2

Shelldean wrote: »

Mse Google results


http://www.google.co.uk/search?ie=UTF-8&source=android-browser&hl=en-GB&q=how+far+back+can+dwp+claim&gfe_rd=cr&ei=2p1wVcWiE4no7AbJjoCICQ#q=how+far+back+can+dwp+claim+site:forums.moneysavingexpert.com&hl=en-GB

I spoke to my tame QC this evening. He told me the DWP have no powers to collect after six years. He also told me that the DWP do not have a right of offset against executors or beneficiaries. However, he also stated that they do use some very dubious tactics to retrieve money they are not entitled to. I suggest the OP seeks specialised legal advice rather from a high street solicitor.