Saffy's Mum's Estate and the DWP

[WendyB]

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

I've decided to be a work - ist now. I don't want anything to do with it anymore, and I unashamedly say I don't like it, don't want it and am fed up of it. And i don't care what you all think of me:roll:

But aside from that, seems like there's not much to worry about with that letter from the DWP Sapph, its just a standard thing they do to make sure that there's no overpayments etc.

[Jellycat]

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

Hello Saffy

I just wondered if this ever got sorted for you?

I'm going through the process for my mum's estate and DWP sent the same letter out. Apparently it's standard - they check that the assets of the estate match up with the claim - i.e that the deceased had less than the capital thresholds etc.

I found the letter upsetting.

It's very insensitive and seems to almost come from the angle that you have to prove that the deceased person wasn't doing anything wrong. Plus I now feel that we can't move on with distributing the estate until DWP come back and say it's all fine.

[Sapphire]

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

Hiya

Jellycat thanks for asking about this, it was funny I was thinking about it this morning. Well it seems in my case they must be satisfied with what I told them as the date I got the letter was about the 25 September and I had to reply by the 11 October and they said that if they need any more info etc they would be in touch within 20 days. Hmmmm I wonder if those 20 days start from the date of the letter ? from 11 October ? or even the date they received the reply ?
Personally I reckon if I don't hear from them by the end of the month then they are satisfied.

Yes Jellycat I agree with you, I did find the letter upsetting but I suppose these things have to be done don't they. I have to admit I felt that I was getting along so well with it all and it has put me back a hell of a way. Plus I am still clearing out her home and really need to get it sorted, cleaned up and decorated quite quickly so I can rent it out, now to me thats the hardest part. I used to love weekends but now am finding that I now dread Sundays as thats my day down the house, but luckily I was brought up to be rather matter of fact about these things and I know that it has to be done, and that once it is all sorted I can then start to get on with my life.

When did you lose your mum ?
Was there a will or have you got to go through Probate ?

If you need a chat, or some help just start a thread and I and the others here are always willing to help you hun, or alternatively if you just want to talk about your mum you can PM me hun.

[Jellycat]

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

Hi there

Thanks for the reply. My mum died in June. There was a will, but you still have to go through probate.Well done to you for doing it yourself. I appointed a solicitor. Very expensive, but to be honest I couldn't take the stress.

We've replied to the DWP, hope they come back with a reply soon.

I feel for you about dealing with your mum's house. We haven't decided whether to keep my mum's house or rent it out or whatever. I'm not sure how easy it would be to sell it at the moment. I'd much rather have my mum back than any house or money...

Take care and thanks for such a friendly reply!

[righty]

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

As a matter of interest I would always recommend that even though the deadline for their response has passed you should still contact the DWP by phone to confirm it's OK to distribute the estate

[Sapphire]

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

Thanks for that Righty, I have actually got the probate through anyway and as I'm an 'only child' the only distribution will be to me anyway.

But a good point for anyone who has siblings or other beneficiaries hun.

[Sapphire]

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

Well I've had 2 letters;

Letter 1:

About the Retirement Pension: Contributory we paid to the late Mrs.......................

I am sorry to hear that Mrs ...... has died. I apologise for having to get in touch with you at this time, but we have to let you know about Mrs ...... Retirement Pension: Contributory as soon as we can.
I am writing to you now because we paid retirement Pension: Contributory of £123.97 for the period 24/7/2008 after Mrs ...... died.
Payments made incorrectly after death can occur for a number of reasons, for example the Departments may not have been aware of the death in time to stop payments being issued. In these circumstances the Department accepts that overpayments may not have been made as a result of any individual's fault.
However, as I am sure you appreciate, when considering the question of seeking refund in such cases, the Department has a duty to protect public funds and this involves recovering, whenever possible, amounts incorrectly paid.
If the benefit was paid into a Post Office card account, this account may not have been closed yet. To close this account you will need to complete form P6164 available from the Post Office or by contacting the Post Office Helpline on 08457 22 33 44.
For further advice on closing the Post Office card account, please contact the Post office helpline.
Please refund the £123.97 as soon as you can.
If you require more time to secure monies from Mrs ....... estate, enabling you to make a repayment, please let us know.
If you have applied for, or been granted probate, there may be further claims on Mrs ...... estate, in which case we may contact you again.
How to Pay ....................................... etc etc

Letter 2:

Exactly the same except its for Attendance Allowance and they want £44.85 paid back.

Now whilst I have no problem with paying back what has been overpaid (although I did inform them by phone the day after she died, 22 July 2008 and followed up with a letter), what concerns me is the paragraph in Red, just how long after can they chase a beneficiary for whatever and what else can they chase for.

Now I feel that I've done pretty well, organising everything, getting the Probate sorted and everything, and I'm thinking what if someone who has not coped very well at all, how would they feel etc, something like this could really cause more heartache at an already difficult time.

Hmmmmmm me thinks a letter is in order, asking them what they mean, I will start a draft later and as usual ask for input and corrections please.

[righty]

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

They are referring to a Trustee Act 1975 sec 27 notice which you place in the London Gazette inviting any creditors to contact you within 2 months otherwise any claim submitted after then will be invalid

However the DWP are not bound by it & usually set there own deadline of 9 months after death or over payment

How many beneficiaries are there. Do you know or suspect there may be other creditors?? & what's the approx value of the total estate

[Sapphire]

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

Hiya Righty,

Thanks for the reply, there's only 1 beneficiary, thats myself. The only creditor I know of is an outstanding RBS Credit Card for a couple of hundred quid and a small mortgage which I am paying anyway. As to the value of the total estate, well I'd rather not say to be honest except to say its quite substantial.
Personally I can't see if anything will come of it in my case, but what concerns me is the poor people out there, that don't have access to sites as we do, and they get a letter like that, the poor sods must be petrified.
Thinking about it, I reckon I shall just repay the money and close the file. The more this drags on the longer its going to take to get 'over it all'.

Thanks hun xxxxxxxxxx

[righty]

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

Ok but as the sole beneficiary/personal rep unless you place a sec 27 notice in the London Gazette you will be liable for any future claims

You don't have to do it yourself. If you Google 'Legal and Public Notices' you will find a company who will do it for about £150

[Jellycat]

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

Saffy

If it's any help, this is what we recieved from DWP re my mums pension credit

A letter asking for refund of overpayment of benefit due to them continuing to pay after her death (even though I notified them. Sigh).

Then a further letter, which didn't seem to be related to the above, saying that the probate office had informed them of mum's death etc. They asked to see statement of estate assets and liabilities and said that we should treat the letter as a claim on the estate and we shouldn't distribute the estate.

My solicitor sent them a copy of the inheritance tax form which set out liabilities and assets. This showed that mum's house was her main asset and she only had a couple of thousand or so in savings etc once funeral expenses etc were taken into account.

DWP got back within a month to say they had no further interest in the estate.

[Sapphire]

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.

[TUTTSI]

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

Hiya Righty,

Thanks for the reply, there's only 1 beneficiary, thats myself. The only creditor I know of is an outstanding RBS Credit Card for a couple of hundred quid and a small mortgage which I am paying anyway. As to the value of the total estate, well I'd rather not say to be honest except to say its quite substantial.
Personally I can't see if anything will come of it in my case, but what concerns me is the poor people out there, that don't have access to sites as we do, and they get a letter like that, the poor sods must be petrified.
Thinking about it, I reckon I shall just repay the money and close the file. The more this drags on the longer its going to take to get 'over it all'.

Thanks hun xxxxxxxxxx

When my parents died, I wrote to barclaycard with the Death Cert and they wiped off the debt.... about a grand owing if I remember correctly.

xx

[righty]

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

Tuttsi it may have been because there was life insurance in place enacted by the lender to cover the debt or there was little point in chasing the debt

[TUTTSI]

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

Tuttsi it may have been because there was life insurance in place enacted by the lender to cover the debt or there was little point in chasing the debt

I really don't remember it was 10 years ago and being extremely upset at the time. I was TBVH very surprised at the time but did not know the reason why! but what you have said could be a possibility.