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DWP claim deceased estate

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  • Shelldean
    Shelldean Posts: 2,420 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    In our case, it was simply because when the deceased claimed pension credit they had XX in savings which was declared. Due to their age they didn't have to ever declare their savings again. Protected savings, I can't recall the term used.
    However when she died she had ZZ in savings. As this differed to what had been declared it prompted an investigation, to establish when she had received the money.

    In our case they asked for two lots of bank statements, one was a ten years previous and one was just under six yrs previous. Both banks involved said they couldn't provide the ten yr statements, and provided a letter to confirm this. And provided statements for six yrs prior as required.

    Took a long long time, about ten months if I recall correctly and some was owed back. This was paid from executors account and then the remaining money was distributed.

    As someone else said, you are not liable for the deceased persons debt, but the estate is liable.


    It's a pain in the rear, but wait while they investigate.
  • Shelldean
    Shelldean Posts: 2,420 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Also do a Google this board as this has come up many time before.
    You're not alone
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Three months should ample for them to investigate once they have been given the information. After that lodge a formal complaint and if need be involve your MP once you have one in a week's time. The DWP get away with it because people are reluctant to challenge them.
  • konark
    konark Posts: 1,260 Forumite
    Just curious as to when non declaration becomes fraudulent? Each claiment annually receives a letter setting out how much the weekly rate for the next year will be. Accompanying that letter is a leaflet in large print making it very clear that moving to residential care, or other changes of circumatances, must be reported to the DWP ASAP. One year, two years or more? I am assuming the claiment still has their mental capacity.

    The claimant is dead!

    Not even the DWP can prosecute the deceased.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    In this case yes. I meant as a general principle!
  • jackieblack
    jackieblack Posts: 10,505 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Not good news. DWP are notoriously slow. They took over a year to finalise their claim on my MIL 's estate, with numerous requests for the same information. Eventually it was agreed that nothing was owed.

    We had exactly the same experience with my grandmother's estate.
    In her case the savings limit was only exceeded because of a small life insurance being paid. Still took them over a year and with the same numerous requests for the same information before deciding nothing was owed :mad:
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