Reduction of Assets Total post Grant of Probate

MaidaVale3499

Hello all, hope everyone is doing OK?

Please may I ask if anyone has experience a situation like this:-

My beloved mum passed away in Oct 2015 and I received Grant of Probate in Dec 2015.  I was sole executor and beneficiary.  In Jan 2016 I received a communication from DWP Recovery from Estates who advised that Mum may have received excess benefit in error (her only benefit was Pension Credit).

It took DWP a further 2 years to confirm the amount to be repaid which I checked was correct and then paid in full within the week to DWP c£3.5k I recall.  

My mum's estate did not use all of her NRB and the residue is transferred to my Dad who sadly died Oct 2023......looking at his assets total it will be close to his NRB total of £491k so im wondering if and to whom I can apply to have mum's probate amended to reflect the £3.5k?  I'm conscious that it is over 6 years since the DWP overpayment was repaid.

It is also a moot question as hopefully, the above will be irrelevant if Dad's 50% share (which is in an Lifetime Settlement Trust) of our bungalow is not included in the probate total.  I will be looking for a STEP (diploma) solicitor and tax accountant because there are a few complex issues to deal with.

Thanks 

Keep_pedalling

I don’t think after such a long time it will be possible to do this. My understanding is that that must be done within 2 years of the death.

As for the trust, that was a gift with reservation of benefit so it is part of his estate for IHT purposes. The double whammy on that is his estate misses out on the possibility of claiming the RNRB because the transfer occurred before the introduction of that exemption. 

Marcon

MaidaVale3499 said:

Hello all, hope everyone is doing OK?

Please may I ask if anyone has experience a situation like this:-

My beloved mum passed away in Oct 2015 and I received Grant of Probate in Dec 2015.  I was sole executor and beneficiary.  In Jan 2016 I received a communication from DWP Recovery from Estates who advised that Mum may have received excess benefit in error (her only benefit was Pension Credit).

It took DWP a further 2 years to confirm the amount to be repaid which I checked was correct and then paid in full within the week to DWP c£3.5k I recall.  

My mum's estate did not use all of her NRB and the residue is transferred to my Dad who sadly died Oct 2023......looking at his assets total it will be close to his NRB total of £491k so im wondering if and to whom I can apply to have mum's probate amended to reflect the £3.5k?  I'm conscious that it is over 6 years since the DWP overpayment was repaid.

It is also a moot question as hopefully, the above will be irrelevant if Dad's 50% share (which is in an Lifetime Settlement Trust) of our bungalow is not included in the probate total.  I will be looking for a STEP (diploma) solicitor and tax accountant because there are a few complex issues to deal with.

Thanks 

Probably best to let them answer  this question too, to ensure you receive an accurate answer based on all relevant facts.