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Do I need any confirmation from DWP before distributing estate

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Comments

  • The problem is I don’t think I will get written confirmation, it doesn’t seem to be their process (unless they investigate). They seem to send a letter saying not to distribute estate funds if they are investigating which I have not received. I don’t know how long I wait to see if I get one of these letters. Maybe I’m over thinking it, just don’t want to leave myself at risk of having to pay something back myself- I’d never get the money back once distributes to the beneficiaries.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The problem is I don’t think I will get written confirmation
    We did.

  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    Me also.
    After my mums death I had the usual grasping letter from DWP (there's a thread in here about it from two years back) which seems to be triggered because the deceased had more money in their banks than allowed by current rules even though her assessment was under previous rules and obvs they know that so why go through this?
    To cut a long story short, after some correspondence Between us I did get a confirmation letter from them that no money was owed. 
    However I was ina good position in that I was executor and beneficiary (along with my brother who I was on good terms with) so in the event money needed to be paid back I'd have had the funds to do so.
    In your position, I'd be super cautious since you seem to be ona hiding to nothing, so I'd go back to them and ask for confirmation that they have no claim on past payments. 

    And as an aside, this makes me wonder why anyone would be an executor if the deceased didn't think to leave some money for them for their time and trouble. You might think you are doing it in memory of the deceased but they are gone and all you seem to have is a set of ungrateful beneficiaries chasing you and a lot of hassle.
  • badger09
    badger09 Posts: 11,743 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ......................................

    And as an aside, this makes me wonder why anyone would be an executor if the deceased didn't think to leave some money for them for their time and trouble. You might think you are doing it in memory of the deceased but they are gone and all you seem to have is a set of ungrateful beneficiaries chasing you and a lot of hassle.
    I can understand why some would wonder, especially if they were not close to the deceased. I considered it an honour to have been asked to take on that role by my late sister. I was willing and able to do it, though the accompanying relationship management of her 2 warring adult offspring was challenging. On reflection, that's partly why she asked me and I neither expected nor received anything in return.

    I'd have felt very differently doing it for anyone else though!
  • The gazette notice expires at the end of July so I’ll wait a couple of weeks after that and then if I’ve not heard from them and the house has sold I guess I can go ahead and distribute the estate funds. 
    I didn’t really think about what was involved when he asked me years ago. I would probably have instructed a solicitor to deal with all this in hindsight. I didn’t realise I would personally be liable for things when I started as it all seemed really straightforward. 
  • hb2
    hb2 Posts: 1,399 Forumite
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    edited 1 June 2020 at 2:40PM
    IIRC, it was about 6 months after Mum died that I got a letter from DWP claiming, erroneously, that they had overpaid her pension. I sent back proof that they were mistaken ('Tell us once' had been filled in wrongly by registrar, giving date of death in October rather than November) and I never heard from them again. I didn't get a letter telling me that they agreed there was no money owed to them.

    (Edited typo)
    It's not difficult!
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