DWP claim against estate

WhenIam64

Here is some guidance

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683470/benefit-overpayment-recovery-guide.pdf

See Chapter 7

You might want to have a look around this statement as it gives a hint to the underlying legal position.

For DPADs, initial recovery may be sought from the bank to which the
payment was made or from the deceased’s representative or next of kin. This action
is on the basis that the payment should not have been made, that there was no
entitlement to it and the payment does not form part of the deceased’s estate.

The issue will always be whether the monies forwarded from the deceased in the relevant period were lawful or the result of fraud, albeit unproven.

As mentioned above, it may be academic but best to provide information so the "academic" nature can be proven.

Keep_pedalling

TELLIT01 wrote: »

The whole thing could be academic anyway. If the father had very little at the time of death there is no way DWP can recover anything apart from the small residue left after the funeral was paid for. Executors are not responsible personally for the debts of the deceased.

They could be, if they were in receipt of the money received from the previous inheritance, as that would be classed as deliberate deprivation of assets.

unforeseen

I think people are jumping the gun. Neither arranging the funeral nor getting mail redirected are intermeddling. Neither action makes somebody the personal representative either. NoK has no meaning

Just tell DWP that there is no will, niece is the closest living relative and give her address in Australia. Inform them that nobody is dealing with the estate and just walk away. Redirect all the deceased's mail to DWP for them to deal with the estate.

TELLIT01

Keep_pedalling wrote: »

They could be, if they were in receipt of the money received from the previous inheritance, as that would be classed as deliberate deprivation of assets.

If anybody was guilty of not informing DWP of a change of circumstances affecting benefit it would be the deceased brother, not the executor. Any claim would be against the estate not the executor. The only situation in which the executor might be held liable is if the residue of the estate, once the funeral was paid, had been distributed. DWP might try to claim that money but, given that the person potentially responsible for managing the estate lives in Australia, it would seem unlikely they would chase repayment very hard.