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Dad Recently Passed Away with No Will

edited 3 June 2016 at 10:41PM in Deaths, Funerals & Probate
102 replies 17.8K views
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  • chrisb1357chrisb1357 Forumite
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    When I phoned the council last week to see if they had been told they had received notification and was closing the old claim down so they sent the forms out to make a new claim so they should be here this week.

    They said the single factor would be calculated as well
  • mum2onemum2one Forumite
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    I've spent about 2 hrs going through the council tax form, easy enough to do, just getting the paperwork ready to use
    Need
    Bank statements - last 2 months
    Copies of all awards ESA and any other
    Proof of identifty

    What I'm doing is taking the form to the local office so they can photocopy the birth cerfiticate etc...

    Dont worry (we had my mum in a panic....) as when the close the original claim down the next bill you get is at full price - then there re-assess once you send doc's in. x


    Is it the funeral this Wed, hope it all goes ok, you all take care, make sure you take some time out to yourselves. x
    xx rip dad... we had our ups and downs but we’re always be family xx
  • chrisb1357chrisb1357 Forumite
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    Hi all,


    Not been on for a few days as the funeral was on Wed and the memorial service was today.

    We had one reply from one of the pensions to say under the rules of the scheme the following benefits are now payable and they are currently calculating the benefits payable.

    1 - A spouse's pension equal to half of my dads deferred pension
    2 - A refund of contributions paid by my dad.


    They have also asked for me to complete a form which is called a family information form but one section on the form is asking Legal Personal Representative Details, Also asking for proof of grant of probate or letter of administration.

    Do I send it back now without this section completed or hold fire
  • Yorkshireman99Yorkshireman99 Forumite
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    chrisb1357 wrote: »
    Hi all,


    Not been on for a few days as the funeral was on Wed and the memorial service was today.

    We had one reply from one of the pensions to say under the rules of the scheme the following benefits are now payable and they are currently calculating the benefits payable.

    1 - A spouse's pension equal to half of my dads deferred pension
    2 - A refund of contributions paid by my dad.


    They have also asked for me to complete a form which is called a family information form but one section on the form is asking Legal Personal Representative Details, Also asking for proof of grant of probate or letter of administration.

    Do I send it back now without this section completed or hold fire
    If they are asking for proof of probate then you will need to wait until you have LOA. The spouses pension should be payable to your mum immediately. The refund of contributions will form part of the estate.
  • chrisb1357chrisb1357 Forumite
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    LOA does that mean Letter of Administration.

    So basically the contributions my dad paid will go into his estate.


    On another note is it worth sending letters to his old work places incase he had a pension and we cannot find the paperwork


    Chris

    If they are asking for proof of probate then you will need to wait until you have LOA. The spouses pension should be payable to your mum immediately. The refund of contributions will form part of the estate.
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  • Yorkshireman99Yorkshireman99 Forumite
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    chrisb1357 wrote: »
    LOA does that mean Letter of Administration.

    So basically the contributions my dad paid will go into his estate.


    On another note is it worth sending letters to his old work places incase he had a pension and we cannot find the paperwork


    Chris
    Letters Of Administration
    Always worth asking.
  • edited 11 June 2016 at 9:56PM
    chrisb1357chrisb1357 Forumite
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    edited 11 June 2016 at 9:56PM
    Hi all,

    Well all my letters are now out to the pension companies and ex work places of my dad.

    Today we also received two letters from the council saying there is an overpayment on the housing benefit and council tax benefit but the letters are named to EXORS or my Dads Name and Also has my mums name on both but further down the letter it just says my dads name.

    One says the debt of £71 is recoverable from the estate and an invoice has been attached which is addressed to EXORS of my Dad and c/o of my mums name.

    The other is a debt of £381 says is recoverable but not from the estate and has been added to the council tax account. This letter the figures says for dates from 13th June 2016 to 1st April 2017 so cant work out why they are dates in the future.

    New council tax and housing form completed by mum and ready to be sent in the post on Monday

    Its a mine field all this sorting out is and not sure what else to focus on next
  • Savvy_SueSavvy_Sue Forumite
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    chrisb1357 wrote: »
    Today we also received two letters from the council saying there is an overpayment on the housing benefit and council tax benefit but the letters are named to EXORS or my Dads Name and Also has my mums name on both but further down the letter it just says my dads name.

    One says the debt of £71 is recoverable from the estate and an invoice has been attached which is addressed to EXORS of my Dad and c/o of my mums name.

    The other is a debt of £381 says is recoverable but not from the estate and has been added to the council tax account. This letter the figures says for dates from 13th June 2016 to 1st April 2017 so cant work out why they are dates in the future.

    New council tax and housing form completed by mum and ready to be sent in the post on Monday
    I could be wrong, but I think what happens is that if Dad was receiving either or both of HB or CTB, then as of his date of death his entitlement ends (reasonably enough) and the calculation is re-done for full payment.

    The £71 MAY be for the period between Dad's d.o.d. and the date on which they received notification. Then they have billed £381 from 13th June to the end of the council tax year at the full rate.

    If Mum is now entitled to single person discount, HB or CTB, then that £381 will be reduced once they work through the forms you mention.

    Does that fit with the letters they have sent?
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  • mum2onemum2one Forumite
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    As Savvy Sue said she's spot on

    with the claim it's always in one persons name (like me it was in dads name as account holder with mum being taken into account),

    The £71 this will be from the date dad passed to the date they got the notification, the £381 that's the discount that would have been applied for whole term should ur dad been alive:

    When a person has passed they automatically assume that the other person has the money to pay as normal- the full amount-

    Like us - u need to apply straight away for a new claim.

    Fill in the forms for mum - see my earlier post about council tax - get u the documents prepared that ur need.

    On the form there is a box that's says do u want the award back dating and why - I put on mine the day after dad had died and the reason for backdating he had passed away and distressed with everything filling in forms as best as I can,

    Each council has different waiting times - our council they have a 8 to 10 week delay on processing forms - I have been told to pay the full council tax till they get it sorted as council tax is a priority bill - but to ring before I pay just incase anything has been processed .

    I appreciate mum is / they had council tax and housing benefit , hense the urgency to apply - depending on how long the wait is ur mum will need to either find the money or ring the housing association/ landlord and see what they say x
    xx rip dad... we had our ups and downs but we’re always be family xx
  • chrisb1357chrisb1357 Forumite
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    I have a question regarding utilities and British Gas.

    I managed to log into my dads Britith Gas account and its in debt by around £150 total for gas/elec. Does mum have to pay what's outstanding or can she start her new account if I contact them
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