After death pension question, but complicated

Waylaid

Hi all,

My Mum was born, grew up and worked in the UK until 1967, when she moved to Canada "for a couple of years". A couple of years turned into a lifetime - she died in Canada in 2020. I live in the UK, but was lucky to be able to be there for her final days. 

My brother (who lives in Canada) is the executor, and sadly, we are no longer speaking. 

My Mum continued to receive a (tiny, not uprated by inflation) UK pension payment for her whole life, which was paid into an online account. This account was left out of the estate, as it only contained pension payments made after her death.

When I returned to the UK after her death, I informed the DWP of her passing, but they requested a copy of her death certificate as proof of her death. Due to Covid, the certificate was not available from the Canadian government until very recently (my brother refused to send it to me, for Reasons.) I can now order the certificate, and I intended to pay back her overpaid pension payments from her pension account (my bro gave me the account access info).

It transpires that my brother has closed the pension account. Her pension was small, but after 17 months, the amount in the account was hundreds of pounds. I can't afford to pay it back to the DWP, as I'm on disability benefits. 

Will DWP come after me, or go to the estate? Help!

Ty

Silvertabby

They will no doubt contact you first, as you supplied the copy of the death certificate.  At which point, make it quite clear that you are not the executor and give them your brother's contact details.

Ref44

Given your mother was resident in Canada, the management of her estate will be subject to Canadian law. That fact may well result in the DWP putting the matter in the "too difficult" pile and not bothering with any potential overpayment.

Keep_pedalling

A couple of things, just because that account had taken pension payments it does not fall out of her estate as once paid it become savings, so your brother has falsified the tax return (will probably get away with it though).

Secondly the overpayment is entirely down the the executor, so as suggested by others simply pass his details on to  to the DWP.

Waylaid

Thank you!! My panic is receding. 

Marcon

Waylaid said:

Thank you!! My panic is receding. 

Entirely your brother's problem...don't worry any more (even if he tries to convince you that you have to deal with it. You don't).