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

konark

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

Have you seen the wiill, who did she make executor?

Yorkshireman99

konark wrote: »

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.

That is not good advice. If the DWP choose to recover the shortfall they can sue for it and all the OP's assets will be at risk not just the legacy.

ericonabike

Couple of points - if your brother is the executor, then as I understand it he is personally legally responsible for any unpaid debts that come out of the woodwork after distributing the estate. The beneficiaries have no such obligations - if you want to help him out by using your legacy then that is a moral, rather than legal, obligation.

Secondly - the DWP have no right to demand anything until they have calculated an amount that they deem to be recoverable due to the deceased having failed to inform them of a change in circumstances. AND THIS DECISION IS APPEALABLE. I am shouting here because too often the DWP is seen on these forums as omnipotent - they are most certainly not. I used to work for them as an appeals presenting officer in an earlier life, and can vouch for that. Appeal against any overpayment raised as a matter of course.

As previous posters have said, it is likely the deceased, given her age, was on an indefinite award, meaning that any changes of circs, including capital, did not have to be declared. I had a similar experience when my mother in law died - if I had been less aware, I would have ended up paying several thousand pounds to the DWP. As it was, they agreed [eventually] that no overpayment had occurred.

Yorkshireman99

ericonabike wrote: »

Couple of points - if your brother is the executor, then as I understand it he is personally legally responsible for any unpaid debts that come out of the woodwork after distributing the estate. The beneficiaries have no such obligations - if you want to help him out by using your legacy then that is a moral, rather than legal, obligation.

Secondly - the DWP have no right to demand anything until they have calculated an amount that they deem to be recoverable due to the deceased having failed to inform them of a change in circumstances. AND THIS DECISION IS APPEALABLE. I am shouting here because too often the DWP is seen on these forums as omnipotent - they are most certainly not. I used to work for them as an appeals presenting officer in an earlier life, and can vouch for that. Appeal against any overpayment raised as a matter of course.

As previous posters have said, it is likely the deceased, given her age, was on an indefinite award, meaning that any changes of circs, including capital, did not have to be declared. I had a similar experience when my mother in law died - if I had been less aware, I would have ended up paying several thousand pounds to the DWP. As it was, they agreed [eventually] that no overpayment had occurred.

Unless somebody can disprove this the beneficiaries can be pursued for money where the estate has been distributed but it is unusual.

Shelldean

Miss Moneysaver.

You might want to print this page out and show your brother. Highlighting the part, where it says the executor is liable if they didn't follow correct procedures(which he hasn't)
And two the part where the executor should on finalization of the estate show a full account of the estate to any beneficiary that is receiving a share (not applicable to those getting fixed bequests or items)

https://www.thegazette.co.uk/wills-and-probate/content/186

Shelldean

Also I'm sure I agree with yorkshireman when he says beneficiaries can be pursued as well as executor. Sure I read this somewhere

konark

If your siblings have spent their's and you've still got your money the DWP will go after yours thank-you very much. Your siblings will have enjoyed their share and you're left with nothing but a receipt from the DWP.
If you've spent yours as well the DWP will go after the executors because they outrank you, you are merely a beneficiary. I'm not saying they can't go after beneficiaries, I'm just saying they would look to the executors first.
I can't believe the whole estate is owed to the DWP, assuming the deceased was a pensioner they can't take the last £10,000.
By not spending, or at least hiding, your share you risk becoming a patsy when your siblings turn up at court with empty pockets.

konark

Yorkshireman99 said

That is not good advice. If the DWP choose to recover the shortfall they can sue for it and all the OP's assets will be at risk not just the legacy.

Sure they can sue you for it , but they can't sue you for more than you received, and if they think its been spent they might not bother.

Yorkshireman99

Your logic is flawed. The OP may well have other assets such as a house. The legacy is not kept in isolation. The same applies to the other beneficaries as well as the executor's.

Miss_Moneysaver

Shelldean wrote: »

And two the part where the executor should on finalization of the estate show a full account of the estate to any beneficiary that is receiving a share (not applicable to those getting fixed bequests or items)

https://www.thegazette.co.uk/wills-and-probate/content/186

He hasn't done this either. I have had no evidence of what the actual final amount of the estate was. He has sold on most of her belongings but I have not seen where that money went either.


I am trying not to step on his toes. I am not sure whether he genuinely is out of his depth, and has no idea what he is doing, or whether he is being sneaky. I think he hasn't got a clue what he is doing!