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

Miss_Moneysaver

konark wrote: »

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.[/QUOTE]



This is what I am worried about. I told my brother that I was saving mine to pay against the house next year.


I am the only one that has a mortgage and savings. They have none! My aunty (mum's sister) has been a wealth of advice and she said he should never have been made executor in the first place. I had no idea about my mum's wishes to be honest.

Miss_Moneysaver

I have ordered a copy of my mum's will through the online probate office so I will be able to see if the solicitor was down as an executor.

ericonabike

]I was curious about this, so have done a little more research. A useful pdf from a law firm is available here - scrolling down, we find that "A creditor who is too late can, however, pursue the beneficiaries who have received distributions from the estate."

This surprised me, as I thought the buck stopped at the executor personally. Might be worth seeing if a local probate solicitor will give you a free 30 minute consultation [Law society website 'find a solicitor' may help] and ask them the question. But in any event, do make sure that any overpayment decision is appealed against, and take advice from CAB etc then.

getmore4less

The key will be do beneficiary become jointly liable or only in proportion to what they would have been paid had the debt been paid.

Miss_Moneysaver

Thanks Ericonabike! That document is very useful.

Miss_Moneysaver

getmore4less wrote: »

The key will be do beneficiary become jointly liable or only in proportion to what they would have been paid had the debt been paid.

I hope it would be in proportion. Hoping they don't want anything back but pretty miffed this hasn't been done correctly.

Yorkshireman99

getmore4less wrote: »

The key will be do beneficiary become jointly liable or only in proportion to what they would have been paid had the debt been paid.

The beneficiary will be liable for the full amount they received. The executor's liability is for the full amount of the sum claimed by the DWP or any other creditors if they did not publish the Statutory notices.

Miss_Moneysaver

Hi,


I thought I would update this situation.


We have now heard back from the DWP and the good news is that they don't want any of it back. I think my brother is very relieved!