Probate granted, monies distributed, DWP now want to 'go over estate'

Yorkshireman99

Normal practice is to place the notice as soon as the executor is in a position to distribute the estate but I would be interested to find a ruling otherwise.

getmore4less

http://boards.fool.co.uk/advertise-will-settlement-10514029.aspx?sort=whole#10514665

Knew I had seen it somewhere(3rd post).

The key is the executor powers come from the will so they can do it before probate, other administrators need the grant to get their powers.

I think it is just one of those things many don't realise they can do things before the grant if they are named executor in a will so just wait and then leave themselves with another 2 month delay


edit: Should add the credibility of that poster on the Motley Fool is well established, the probate forum there is worth a read, as there are many contributions from people with real professional legal expertese.

Yorkshireman99

getmore4less wrote: »

http://boards.fool.co.uk/advertise-will-settlement-10514029.aspx?sort=whole#10514665

Knew I had seen it somewhere(3rd post).

The key is the executor powers come from the will so they can do it before probate, other administrators need the grant to get their powers.

I think it is just one of those things many don't realise they can do things before the grant if they are named executor in a will so just wait and then leave themselves with another 2 month delay


edit: Should add the credibility of that poster on the Motley Fool is well established, the probate forum there is worth a read, as there are many contributions from people with real professional legal expertese.

Noted. It is just hearsay so it does not clarify the law at all.

getmore4less

You would need to find something that overrides the executors powers derived from the will what does s27 say?

Shelldean

Dwp are alerted by the probate. I'd presume the bank.balance at time of applying is different to the time.of death. So they are querying the estate as.to why this is?
OH Nan died March. Probate granted June. DWP in.touch in Aug.
Took them eleven months to 'look into' the estate.
Small overpayment returned.

The difference is the balances is often due to the elderly person not spending much and their savings increasing. But certain aged elderly have protected savings, so as someone said earlier they could win the lottery and still claim pension credit.

Whoever told you/the executor that once probate is granted DWP can't touch the money is very sadly mistaken.

Miss_Moneysaver

Hi,


Sorry, I will provide more details...


My mum was in her 80's when she died. Yes, she had started claiming pension credit legitimately years ago. Savings have built up since then. To be honest, I knew nothing about her financial affairs as she never told anyone anything. I didn't know of any ISA's or anything until after she died and my brother made me aware. I hadn't expected anything from her as I thought she had no money. I believe that she also received some sort of disability living allowance. My parents divorced in the 1980's and my father died in 2001 (my mum didn't gain anything from his very small estate).


She had over £30K in ISA's. As she went for many years with ill health she didn't spend much. We now know that she inherited £10K from her own mum, who died when my mum was already a pensioner herself (my mum was the eldest of 5 children). It looks like my mum has saved this over the years and not spent any of it. From the dates we have I think that my mum started saving when she lost her own mother when she was in her late 60's. I think that they have built up over the last few years of her life as she didn't spend much. I used to take her out and she never spent anything and I did all the buying of lunches etc.


There is a big age gap between myself and my siblings. I was the only child brought up by one parent (after parents divorced) and my mum didn't work in all the years I was at home (ill health).


We were very shocked to find she had any savings at all. I knew she had a small insurance policy but, as far as I was aware, that was it.


I posted on here a while back as I was concerned that my sibling (the executor) was out of his depth and didn't know what he was doing. He isn't the best person to have been put in charge in my opinion. I did mention to him about the 'Gazette' but he just kept saying it wasn't necessary. He didn't want the solicitor involved either. I did warn him that some may have to be paid back but he has said that someone (I presumed, from the DWP) had told him that, once probate granted, that was it and he was free to distribute the money. As I was still concerned I decided to keep my share tucked away. My brother isn't working (I am, always have) so he is unable to pay any back. I am sure there is a cut off point where they take no more but I can't seem to find any info on it.


I find it frustrating not to be an executor as I know my brother has not covered everything (well, the DWP). He doesn't understand the process. He has paid off her catalogue (small amount was owed) and utility bills. She lived in a council property.

elsien

On a slightly tangential note, if your brother isn't working is he claiming benefits? And if so, did he inform the DWP of his windfall before spending it, as if not he might be landing himself in more strife.

Yorkshireman99

Miss_Moneysaver wrote: »

Hi,


Sorry, I will provide more details...


My mum was in her 80's when she died. Yes, she had started claiming pension credit legitimately years ago. Savings have built up since then. To be honest, I knew nothing about her financial affairs as she never told anyone anything. I didn't know of any ISA's or anything until after she died and my brother made me aware. I hadn't expected anything from her as I thought she had no money. I believe that she also received some sort of disability living allowance. My parents divorced in the 1980's and my father died in 2001 (my mum didn't gain anything from his very small estate).


She had over £30K in ISA's. As she went for many years with ill health she didn't spend much. We now know that she inherited £10K from her own mum, who died when my mum was already a pensioner herself (my mum was the eldest of 5 children). It looks like my mum has saved this over the years and not spent any of it. From the dates we have I think that my mum started saving when she lost her own mother when she was in her late 60's. I think that they have built up over the last few years of her life as she didn't spend much. I used to take her out and she never spent anything and I did all the buying of lunches etc.


There is a big age gap between myself and my siblings. I was the only child brought up by one parent (after parents divorced) and my mum didn't work in all the years I was at home (ill health).


We were very shocked to find she had any savings at all. I knew she had a small insurance policy but, as far as I was aware, that was it.


I posted on here a while back as I was concerned that my sibling (the executor) was out of his depth and didn't know what he was doing. He isn't the best person to have been put in charge in my opinion. I did mention to him about the 'Gazette' but he just kept saying it wasn't necessary. He didn't want the solicitor involved either. I did warn him that some may have to be paid back but he has said that someone (I presumed, from the DWP) had told him that, once probate granted, that was it and he was free to distribute the money. As I was still concerned I decided to keep my share tucked away. My brother isn't working (I am, always have) so he is unable to pay any back. I am sure there is a cut off point where they take no more but I can't seem to find any info on it.


I find it frustrating not to be an executor as I know my brother has not covered everything (well, the DWP). He doesn't understand the process. He has paid off her catalogue (small amount was owed) and utility bills. She lived in a council property.

As executor it is your brother's responsibility to deal with it. If does not then eventually the DWP will take further action. The longer he waits the more trouble he will be in.

Miss_Moneysaver

No idea if he has told them Elsien. He lives with someone now, who works, so I am not entirely sure whether he claims benefits now or not (he used to claim for many years).


He really shouldn't be in charge of something like this. He isn't the brightest star in the sky! I have a similar story to someone else who is posting on this board tonight. Brother had control of mum's bank accounts before she died and quickly moved money on the date of her death (to goodness knows where), he emptied her current account and we never saw that money, sold stuff in her home (that I never saw the money for or how much he got), insisted a solicitor wasn't needed, insisted probate wasn't needed (originally, until the bank wouldn't let him have access anymore until probate was granted)...list goes on! He couldn't get access to the ISA's as probate was needed. Both brothers raided my mum's bedroom wardrobe (before I got to her house) soon after her death. They were looking for money. My grandmother had stashed £100K in her bedroom wardrobe (found after her death) and I think they thought my mum had done the same. Not on really.


I haven't seen any statements (he destroyed them the day after her death), no final 'official' amounts of what she left. I told him time and time again that he needed to keep all important documentation but he didn't. I managed to rescue her birth certificate and photos before he got rid of them. I am trying hard to trust him but he has messed up so many times it is difficult.


He was in such a rush to get his hands on the money (him and the other sibling). I am sure he thought he could just walk into the bank and get it all on the day she died! Terrible!


My mum prepared the will with a solicitor but I don't think she made them an executor - I wish she had!


He has really messed about with this from start to finish.

konark

My advice is 'get spending'; they can't take what you don't have and if there is a shortfall they will take the executors to court not you. And if 2 siblings have spent up and are not solvent they may be tempted to come looking for your share.