Saffy's Mum's Estate and the DWP

[Sapphire]

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

Aww shame, I knew that really seeing as lots of peeps have died and I've never known anyone have to attend a will reading, but i still have my fantasies about leaving narky messages in the will to be read out in front of the amassed mourners lol - not that I have anything to leave mind, just the thought amuses me (and I don't have a will yet even)

Sorry bit off topic...

ROFL Ame I have exactly the same fantasy. I seem to remember an 'Ealing' film, might have been in black and white, (comedy I think) about the same subject and the deceased had all his beneficiaries doing the most ridiculous things.

[righty]

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

ROFL Ame I have exactly the same fantasy. I seem to remember an 'Ealing' film, might have been in black and white, (comedy I think) about the same subject and the deceased had all his beneficiaries doing the most ridiculous things.

You could always prepare a 'letter of wishes' where you can slag 'em off when your gone However it ain't binding on the executors

[Baggy]

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

Saphire, sorry to hear about your mum

my mother in law died in June... probate was granted 3 month later... however at this time we also received a letter (same as yours) from the DWP... to date this has still not been settled and the solicitor handling the case has no idea how long this will take..... in the meantime the will has not been distributed as the DWP have insisted that this cannot be done....

can anyone advise if they have also had this problem and how long it took to resolve??

any info would be gratefully received

Baggy

Well as a few of you know my Mum passed away on 21 July and with the help of a couple of friends here I have now done everything ie The Probate, Property, transferred Bank Accounts and various other things and thought I've got through the worst of it really, except for the clearing of the house and getting it ready because I'm going to rent it out.

The other day I received the following letter and am wondering if anyone else has experience of this.

From: Dept for Work and Pensions, Recovery from Estates Leeds, Debt Management.

Dear Sir/Madam,

About the estate of my Mum

I am sorry to have to write to you at this difficult time. I understand that you are the personal representative for my Mum and are dealing with the estate.
We need to check the information about the estate with details held at the time benefit was paid. The law allows us to ask for this information.
Please fill in the form enclosed with this letter and send it back to us by 11/10/2008. We also need to know if any assets are not included in the estate because they have gone to a joint owner. If you need more time to reply please let us know.
We will let you know whether or not we need to make further enquiries within 20 working days.
Please note that this enquiry could lead to a claim against the estate and should be treated as such. Therefore, we strongly advise you not to distribute the estate.
If you want help or advice about this letter, please get in touch with us on xxxxxxxx
We have included some information pages with this letter that explain what we do and what you need to do. You can also get leaflet D49. What to do after a death in England and Wales from any Dept for Work and Pensions office. The Citizens Advice Bureau or local law centre can also give you free advice.

Yours faithfully



Then another page which needs filling in

List of assets in the estate of my Mum (I can list it all if anyone wants to know, but basically its, bank accounts, property (including where she lived), stocks, shares, bonds, pensions etc)

and then

Please state the amount of the funeral and administration costs xxxxxxxxxxxxxx

Has the estate been distributed yes/no if yes state the date.

Was an advertisment pleased for the creditors in the London Gazette yes/no


well thats basically it, over to you guys.

[Sapphire]

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

Hi Baggy

I'm sorry I can't give you a timescale, I suppose as its all being dealt with by a solicitor then perhaps give them a ring and ask them to get it sorted, explain that you need closure and want to move forwards, in my experience solicitors have a very bad habit of leaving files on their desks and seem to only get onto the job in hand when you nag them, don't get me wrong I am not slagging off solicitors but they do tend to work to a different timeline to the rest of us.
I did everything myself and as an only child I was the sole beneficiary, everything has been done and dusted ages ago, I still havn't replied to the DWP and don't intend to unless they contact me again, which they probably will now that I have said that.

[Baggy]

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

thanks Saphire
we've already chased solicitor numerous times... its already been 3 months since we received the letter...

does anyone else have any ideas???

Hi Baggy

I'm sorry I can't give you a timescale, I suppose as its all being dealt with by a solicitor then perhaps give them a ring and ask them to get it sorted, explain that you need closure and want to move forwards, in my experience solicitors have a very bad habit of leaving files on their desks and seem to only get onto the job in hand when you nag them, don't get me wrong I am not slagging off solicitors but they do tend to work to a different timeline to the rest of us.
I did everything myself and as an only child I was the sole beneficiary, everything has been done and dusted ages ago, I still havn't replied to the DWP and don't intend to unless they contact me again, which they probably will now that I have said that.

[enaid]

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

Hi Baggy, have you been in touch with DWP yourself or the executor of the will?
They are in their letters not the most sympathetic of departments I am afraid and they do often upset people with the letters they send out re over payments of benefits.
I would call them and say the solicitor is not being very helpful in this matter and could they please verify for you what the exact reason is they are holding up release of the estate.
Enaid x

[The Debt Star]

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

Baggy, I recently received an enquiry from an Adminstrator who had not heard from the DWP for 4 months following the initial notification of death. Now the DWP have written to him asking for details. As you will know, they are enquiring to see if the deceased declared her capital assets for any means assessed benefits she may have claimed. Its very common for the DWP to make enquiries like these. However, whether or not the Executors in your instance distribute depends on what they think the likely claim by the DWP 'could' be and what the estate assets are.

I usually hold back enough money on an estate to cover liabilities and arrange an interim distribution to the beneficiaries. However, all esattes are different and the executors cannot be critiocised for over caution since it is ultimately they who are liable to any claimants for unpaid debts.

[righty]

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

Baggy, I recently received an enquiry from an Adminstrator who had not heard from the DWP for 4 months following the initial notification of death. Now the DWP have written to him asking for details. As you will know, they are enquiring to see if the deceased declared her capital assets for any means assessed benefits she may have claimed. Its very common for the DWP to make enquiries like these. However, whether or not the Executors in your instance distribute depends on what they think the likely claim by the DWP 'could' be and what the estate assets are.

I usually hold back enough money on an estate to cover liabilities and arrange an interim distribution to the beneficiaries. However, all esattes are different and the executors cannot be critiocised for over caution since it is ultimately they who are liable to any claimants for unpaid debts.

Its also usual for the DWP to advise the administrators/executors to withold distribution until after they have completed their enquiries

[The Debt Star]

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

Correct

[Woody1]

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

Hi all, I have just joined this Forum as I am going through similar. Estate went through probte and was distributed apart from £3000 to cover any unforseen bills when I got the same letter. The deceased lady (96) had the pensions people around who photocopied bank books and statements and arranged pension credit payments. After probate was granted I distributed most of the estate, now DWP have said she was not entitled to the amount paid and I have to repay them £9000. The recipients of the legacys are refusing to pay anything back even though I sent them copies of the letter. Families and money don't mix. DWP say it's my problem and it is up to me to repay.
Regards,
Woody

[jax007]

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

Were these overpayments made in error by the DWP?

I have read several articles recently that if this is the case, then they have to forfeit the overpayments and they cannot legally claim them back - I suppose it doesn't mean they won't TRY for a refund.

See if you can google anything about DWP overpayments - I'm sure I'm right.

I had a letter about 11 months ago from DWP wanting repayments from overpayment of my husband's benefit - I never got around to answering it but I have heard nothing since (I just hope this post doesn't trigger a letter from them LOL!!)

[Sparkle]

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

Hello. I just joined this site and noticed your posts. I have just got the letter from the DWP and it really upset me. I now imagine getting a demand for thousands that I can't pay and feel a criminal. I looked after filling my dads forms in the last couple of years as he couldn't cope with it.since his death I have declared a lump sum that went to probate and since has been distributed to me the only child. As this exceeds the threshold he was receiving benefits on I am expecting they will want all this sum? I have already spent some of it on my own debts and am dreading there bill will be more than I can pay back. This is really making me so worried and I feel that my dad would be so sad that his daughter is not only grieving him but will have no inheritance.

[Sapphire]

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

Hi Sparkie, just wait until they declare the amount they are after, sit tight hun.

[loopylou69uk]

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

Hi can I please have access to the private area thanks Louise