Can anyone recommend a solicitor or accountant to help with DWP claim against estate?

[Prev]

Hello, I am a new member. I have read with interest several threads on this forum about the DWP sending a letter to the executor of an estate asking for the deceased's bank statements as they think there 'may be' some overpaid pension credit. The same thing has happened to my husband with regard to his mother's estate. The laws surrounding the whole issue seem quite involved, and the issue of whether my mother-in-law did or didn't inadvertently receive more than she was due quite difficult to establish from the paperwork we have. Has anyone out there ever used, or know of, either a solicitor or accountancy service that would help us sort things out, i.e. take the DWP/financial paperwork and work out if anything is in fact owing, so that we would have a more informed position to counter any claims for repayment from the DWP? Does such a service exist? Is there a particular sort of solicitor or accountant or accounting solicitor who would deal with this sort of thing and if so can anyone recommend a good one? Thanks!

[Openlaw15]

Re: Can anyone recommend a solicitor or accountant to help with DWP claim against est

Hello, I am a new member. I have read with interest several threads on this forum about the DWP sending a letter to the executor of an estate asking for the deceased's bank statements as they think there 'may be' some overpaid pension credit. The same thing has happened to my husband with regard to his mother's estate. The laws surrounding the whole issue seem quite involved, and the issue of whether my mother-in-law did or didn't inadvertently receive more than she was due quite difficult to establish from the paperwork we have. Has anyone out there ever used, or know of, either a solicitor or accountancy service that would help us sort things out, i.e. take the DWP/financial paperwork and work out if anything is in fact owing, so that we would have a more informed position to counter any claims for repayment from the DWP? Does such a service exist? Is there a particular sort of solicitor or accountant or accounting solicitor who would deal with this sort of thing and if so can anyone recommend a good one? Thanks!

Hello, Prev

NB: we (some Legalbeagles and I) helped persons deal with issues like this before, seemingly successfully. Your circumstances in my view do not require a solicitor, unless they're more complicated that you're suggesting.

Sorry to hear of your situation. Can you do this yourself rather than paying for a solicitor? In general, DWP may only claim against an estate (the dead's person's property) in certain circumstances, ie overpaid amounts which involve fraud or the dead person's mistake who was on benefits, under DWP law. If it is a joint bank account the other person/ joint account holder (survivor) claims everything in it under property law. DWP cannot force a beneficiary to hand over bank statements for a joint account, does not have the power to ask a bank for it either. If the person voluntary gives DWP possession of the bank statements that's different. DWP in any event have to prove the overpayments even if they were to apply. No matter what, it's a civil matter in that DWP to claim against the estate has to take it to a County Court. They will only make a claim if they have evidence there is claim worth making.

[charitynjw]

Re: Can anyone recommend a solicitor or accountant to help with DWP claim against est

Hello, I am a new member. I have read with interest several threads on this forum about the DWP sending a letter to the executor of an estate asking for the deceased's bank statements as they think there 'may be' some overpaid pension credit. The same thing has happened to my husband with regard to his mother's estate. The laws surrounding the whole issue seem quite involved, and the issue of whether my mother-in-law did or didn't inadvertently receive more than she was due quite difficult to establish from the paperwork we have. Has anyone out there ever used, or know of, either a solicitor or accountancy service that would help us sort things out, i.e. take the DWP/financial paperwork and work out if anything is in fact owing, so that we would have a more informed position to counter any claims for repayment from the DWP? Does such a service exist? Is there a particular sort of solicitor or accountant or accounting solicitor who would deal with this sort of thing and if so can anyone recommend a good one? Thanks!

Hello, Prev

Sorry to hear of your situation. Can you do this yourself rather than paying for a solicitor? In general, DWP may only claim against an estate (the dead's person's property) in certain circumstances, ie overpaid amounts which involve fraud or the dead person's mistake who was on benefits, under DWP law. If it is a joint bank account the other person/ joint account holder (survivor) claims everything in it under property law. DWP cannot force a beneficiary to hand over bank statements for a joint account, does not have the power to ask a bank for it either. If the person voluntary gives DWP possession of the bank statements that's different. DWP in any event have to prove the overpayments even if they were to apply. No matter what, it's a civil matter in that DWP to claim against the estate has to take it to a County Court. They will only make a claim if they have evidence there is claim worth making.

Hi Prev

I don't think LB recommend individual solicitors.
I'll give @Amethyst [MENTION=2]Celestine[/MENTION] & @EXC a nudge.

[Kati]

Re: Can anyone recommend a solicitor or accountant to help with DWP claim against est

Hi Prev

I don't think LB recommend individual solicitors.
I'll give @Amethyst & @EXC a nudge.

although we do have some probate solicitors on our sister site LBcompare xx

[charitynjw]

Re: Can anyone recommend a solicitor or accountant to help with DWP claim against est

although we do have some probate solicitors on our sister site LBcompare xx

Ooops, how could I forget [MENTION=49370]Kati[/MENTION]?

:sorry:
:hail:

:madgrin:

[Snoopy1948]

Re: Can anyone recommend a solicitor or accountant to help with DWP claim against est

I would have thought that put simply, the DWP, or any body in charge of public money payments, could assess overpayment directly from payments made versus the date of death from the death certificate and proving this either way would not need the services of a solicitor.

The only time I think they would ask for the claimant's band statements is perhaps when there is an issue of overpayment that has occurred as a result of fraud ( i.e. there has been culpable or fraudulent neglect in advising that authority of the death ) or where the overpayment has been so large that they feel that prosecution is likely and they need hard copy evidence that payments have been made, or more importantly that withdrawals have been made on the same funds i.e. where there may have been joint signatories and monies may have been suspiciously used after death, particularly if the balances are part of an assessed estate. I guess possession of bank statement evidence clarifies and defines overpayments needing repayment from whoever is in charge of the estate. Without doubt, it's always a sad experience to have executives of HMG claiming monies, other than death duties, from a deceased person's estate.

I really cannot see any room for error occurring where the date of death is confirmed and any under or over payments can be clearly calculated without resource to claimants bank statements.