Underpaid pension in Estate

[waiter123]

My mother died in 2020. Approximately 2 years ago I completed the online form to DWP as I believe that my mother was underpaid her pension during her lifetime. The executor of my mother’s Will was a solicitor.

I did not hear from DWP and so I telephoned them this week. I was told that the matter had been settled with my brother as he had informed them of my mother’s death.

My brother and I were joint beneficiaries and we have been estranged for decades.

The agent at DWP informed me that they could not provide me with any information, I.e. amounts, dates.

I asked if, when refunding underpaid pensions, the payee is informed that they must distribute funds equally to beneficiaries and he could not answer me. I also asked why DWP doesn’t check who the executor of the Estate was and deal with any underpayments with them, and again he couldn’t answer me. Not addressing these 2 issues seems very lax on the part of DWP imo.Their advice was if I believe that fraud has been committed then I should go to the police.

Obviously I have emailed my brother and he has not replied and I do not expect him to.

it seems very unfair to me that I have to engage and pay for a solicitor regarding this matter.

Any advice would be greatly appreciated.

[atticus]

Life is often not fair.

How much do you think may have been involved? What is half that amount? You may bring legal action without a lawyer.

[waiter123]

Many thanks for your reply,
I completely agree that life is not fair, though I do think DWP could make things marginally easier in this particular regard.
I have no idea how much is involved. It could a couple of hundred £s, so not worth pursuing, or £1000s. I’m wondering if I email the police that they may telephone him for clarification?

[atticus]

You might try that, on the basis that if you don't you will never know.

[waiter123]

I’ll give it a go. Possibly the police won’t get involved but as you say, if I don’t try I’ll never know. Thank you again.