Possible dwp claim on estate

[Cscott97]

Good evening.

Im really hoping someone can help.

I would like to put forth this situation for your help i would be entirely grateful.

My grandfather passed away 9 years ago, death was registered all Bank were emptied to pay for the funeral account. No grant of probate was needed as he left a will gifting everything to my farther.

We have no un covered by other family members my grandfather purchased a property in spain in 97 but did not declare this and in later life decided to claim benefits and was received social care and pension credits. The property was never mentioned in the will and since going to Spain the property is in a state of disrepair..

My farther is currently caring for my mother as she is very sick. Our plan was to denounce the inhertiance in spain to myself until we have realised this could land us in a lot of bother due to a DWP CLAIM ON Estate due to benefit fraud. The property is not in a sellable condition.

If the property is transfered to me (my father's son) what is the implications on myself in regards to this?

How far can dwp go back?

If the property is not worth anything now due to markets, what will be the situation in terms of repayment?

What options do I have? The moment we submit probate application DWP will be informed and we do not know where to go, neither does my legal council?

[des8]

DWP can go back as far as they want, there is no statutory limitation

DWP can claim back from the estate any overpayment.
If distribution was made in advance of paying DWP they can reclaim that money from the beneficiaries, or if that is unsuccessful they could claim it from the personal representative.

You say the bank account was used for funeral expenses,and as those expenses take precedence the DWP cannot claim that cash.
So this leaves the goods left to your father:
if these were just the ordinary chattels their value on the open market may be almost nil, so there would be no point in DWP pursuing your father for their value
This then leaves the Spanish property, which also has little value and now belongs to your father (even if not transferred to his name)

Any debt is owed by the estate, and can only be recovered from the estate.
I can see the DWP seeking confirmation of the value of the Spanish property, but if the estate has no value they will have to drop their claim.
If money has to be spent on bringing the property to a condition where it could be sold, the cost of renovations should be deducted before any DWP claim is met