Saffy's Mum's Estate and the DWP

[Jellycat]

Re: Saffy's Mum's Estate and the DWP

Thanks for that Jelly, well the can ask can't they. I've had the Probate through, the house is nigh on cleared and redecorated now and its gone up for rental today, with viewings on the 22nd, 23rd. Hopefully if anyone is interested by the time references are taken etc I could have some tenants in there before Crimbo.

So I've not distributed the assets (although its only me anyway), so I'll deal with it all as it goes along.

As I said earlier though, you just start to get 'used' to the situation and then one of their letters arrive and everything starts to hurt again. Thats whats really ****es me off about all of this.

I know. I had a lovely totally unsympathetic letter from the water rates people, threatening to cut off the water.

[Wibblywobbly]

Re: Saffy's Mum's Estate and the DWP

Apologies for reviving a thread that is now a little old, but I found it on a Google search.

Quick bit of history:
Mother died 8 Oct 2009 (very secretive and paranoid, as well as stone deaf!)
3 brothers applied for Letters of Representation (no will - she didn't trust solicitors - see above). I handled all of the paperwork as I am a little more legal speak savvy than the other two.
L of R granted.
All two bank accounts closed ok.
Anything that could be sold was sold ok.
House (main residence) sold ok.
Nat Savings cashed and added to estate funds ok.
All utility bills settled.

As happens in so many cases, the DWP wrote to me as soon as the L of R was granted at end of Nov 2008, with the usual letter and 'there may be a claim' etc dated 29 Nov. It also stated that 20 days etc etc. I completed the form totally honestly and returned it.

27 Dec (more than 20 days), another letter arrives. also stating that there 'may be a claim'.

Nothing more was heard.

I telephoned late Jan 2009 and was told that they were awaiting records from their archives.

I telephoned 15 Feb and was told that they were awaiting records from their archives.

I then wrote to them on 22 Feb, advising them that the estate would be settled on 2 March, and that if they had a claim then they should lodge it by then.

Nothing was heard from them.

On 12 March I get a letter dated 4 March asking for details of all transactions on my late mothers bank accounts going back many years, together with the source of any cash credits? This information is simply not available, she played bingo, and bought and sold a few cars, but apart from that we genuinely didn't know anything about her private life.

So, the estate has now been distributed amongst 5 family beneficiaries, the DWP failed to lodge a claim despite being provided with all information that they requested, by return of post and despite me asking them if there was a claim. They also failed to respond to my letter addressed personally to the Manager - and still haven't (13 Mar 09).

No ad was placed in the Gazette as my mother rarely left the house and having gone through all of the paperwork that I found, there is nothing there to indicate that she had any debts (100% certain on that simply because of the way she lived).

The DWP were aware of her death from the Probate Registry immediately, so they cannot claim that they did not know.

An explanatory form was enclosed with their letter dated 4 March (that any right thinking person would have enclosed with the letter sent in November) detailing the basis on which Pension Credit etc is calculated. I can see that the upper limit is £16000, and her 'total' savings were marginally beyond that, in which case she was claiming Pension Credits fraudulently.

So to speed things up, can I simply write to the DWP and tell them to lodge a claim for the maximum amount and thats the end of it?

What a nightmare...thank goodness the money saved on lawyers fees can be used to offset the claim!!

Rob G

[WendyB]

Re: Saffy's Mum's Estate and the DWP

I would be inclined to write to them and say "as per previous correspondence, you were informed of....on..... blah blah. Told estate was going to be settled on 2nd March. You didn't lodge a claim, so tough".. However, I am not up on the legalities of this and have no idea whether they can make a claim afterwards. Obviously they cannot peruse a dead person for any "fraudulent" claims of benefits, but I don't know if they can then pursue you to get the money back from the estate, especially after the estate has been settled.

Thats just my two cents worth - You had best wait for someone to appear who knows the law.

[lindiann]

Re: Saffy's Mum's Estate and the DWP

I have just googled and found this thread sorry if it's out of date.
Sapphire how did you get on with the letter from the DWP. My Mother died in January and a few weeks ago her will went through probate, I have now had a letter like yours wanting to know her assets and not to distribute any money as they might make a claim. She was getting her pension and pension credits but I stopped them as soon as i registered her death. She would not have claimed anything she was not entitled to she would not even claim Council tax as she thought she had too much money.

[Tools]

Re: Saffy's Mum's Estate and the DWP

Hi lindiann, is a solicitor dealing with your late mothers estate? If so then pass on the DWP letter to them.

If you are handling things, you say you informed the DWP of her passing, did you receive a response from them at the time?

[lindiann]

Re: Saffy's Mum's Estate and the DWP

Hi wolf,
Thankyou for your reply. Yes a Solicitor is handling it as Mum left in her Will for myself and two members of the solicitors office to be Executors. I let DWP know she was in Hospital about a month before she died as I wanted to know how she stood on still getting Pension Credits and Pension, they said it would not affect her pension but would mark how long she had been in Hospital as it would affect her pension credits. I sent the form I was given when registering her death straight to them and informed the Solicitor that I had done so.
He sent me a copy of the letter he received from the DWP last week and said he was fairly sure they would not claim, a few days before that he had sent me a letter that probate had gone through and that he was just waiting for Abbey National to release cash from Mum's account. I will have to ask him about any notices in the London Gazette or Local Paper.
Thanks Lin
------------------------------- merged -------------------------------
No they did not reply after I sent the form to them.

[Tools]

Re: Saffy's Mum's Estate and the DWP

OK thanks, ( it's Tools by the way not Wolf )

I would let the solicitors deal with it for now but obviously make sure they keep you informed of any developments and if you need any further help feel free to ask on Beagles. I hope that things get dealt with swiftly and easily for you as I know it can be very distressing.

Welcome to the forum too, have a look around and if we can be of any help elsewhere just ask.

Tools (more a Whippet than a Wolf)

[lindiann]

Re: Saffy's Mum's Estate and the DWP

Hi Tools (not Wolf)
Sorry about that, Thankyou for your help
Lin
------------------------------- merged -------------------------------
They could have every penny if I could have Mum back.

[Sapphire]

Re: Saffy's Mum's Estate and the DWP

Sorry Lindiann, I've been on holiday and have only just started to 'catch up' to be frankly honest because it upset me I filed it under I for Ignore, as far as I'm concerned they can go forth and multiply. I suppose I'll have to send them the money but they can wait for it can't they.

Oh and I agree with you I'd give up everything to have my mum back but its not to be hun, so we have to get on with it don't we. If you feel like 'chatting' send me a pm, it really does feel better to let it out.

[lindiann]

Re: Saffy's Mum's Estate and the DWP

Hi Good News, I had a letter today (from DWP) saying that everything was Ok no claim. I phoned them last week and the man I spoke to was really nice and helpful and said I would be hearing within Ten days but everything was OK.
Now for the next problem getting money out of the Abbey ******** National.
Thanks Saffy for your kind words.

[Sapphire]

Re: Saffy's Mum's Estate and the DWP

Great news hun.

[Tools]

Re: Saffy's Mum's Estate and the DWP

Thanks for returning to let us know, if you need any help with Abbey then feel free to start a thread in here > Abbey Bank

[Schiller]

Re: Saffy's Mum's Estate and the DWP

Sorry to latch on to an old thread,but like one of the earlier posters, I found this via a search engine, and it fits my own circumstances very closely.

I've been delaying my reply to DWP as I frankly did not trust myself at first, but once Christmas (a tough time for the bereaved, no?) is out of the way I will ring them up. I think that, stripped of the emotion, the points I'll try to make are:

1. The whole form and tone of their standard letter is offensive and upsetting. It does seem to assume that there has been wrongdoing, without attempting to spell out what the rules actually are. So, the recipient is left biting their nails while some jobsworth graciously determines whether or not a bereaved person is to be tormented any further.

2. It is inefficient: the information I'll be giving is no different from what I have already told the probate people and HMRC.

3. It doesn't say a lot for their vaunted understanding of personal circumstances. If they were so caring, they might work out that half-blind octogenarian widows with no other means of support don't actually tend to indulge in fraudulent schemes - they're too busy just surviving.

4. It seems to be triggered by their annoyance at having made an overpayment - i.e. paying one whole weekly instalment after the death (which has now been repaid). Now... hands up everyone whose first thought on hearing of their surviving parent's death was "Hey! Must call up the DWP in case they pay a week's money to a dead person!" What planet do these people live on??

5. Finally - how dare they try to tell us whether we can or cannot distribute any of the estate? They have absolutely no legal entitlement to interfere with the distribution. The implication here is that we are all idiots, incapable of keeping enough money back to meet any claims.

As someone else said on this thread, goodness knows how all this must look to anyone less savvy - potentially very scary, I should think.

Sorry to rant - anyhoo, thanks for listening. I'll let you know how I get on...

[Sapphire]

Re: Saffy's Mum's Estate and the DWP

Hi Schiller, I'm so sorry to hear about your bereavement and yes it is hard at this time of year, but believe me it does get 'easier' or rather you learn to deal with it.

I totally agree with everything you have said hun, in fact I'll let you into a secret I havn't repaid anything to them, I have put their letters under 'IDWTL' (I'll deal with that later).

When you prepared the letter can you post it up on here please it will be good to follow your progress and even better to see what their response will be.

[catinahat]

Re: Saffy's Mum's Estate and the DWP

Not sure if this is relevant, but I think most benefits are actually paid in arrears these days anyway, so what on earth are the DWP getting all aireated about anyway?! Doh! Common sense does seem to be more conspicuous by its absense when it comes to DWP... CatX