Solicitor Problem and DWP.

[Misslindi]

Re: Solicitor Problem and DWP.

Thank you for your post. I'm sorry for your loss. Its good that your out the other side. I cant grieve with all this hanging over me. How did you get the deed of renunciation?
regards

[bb41]

Re: Solicitor Problem and DWP.

Deed of renunciation was done by my solicitor then sent back to the original solicitors who signed then returned. It was then forwarded onto the probate office with the will, my marriage and birth certificate.

I don't think I have started to grieve yet , I find it gets harder but then you reach that horrid plateau before you start to feel life is still worth living.

I hope you feel better soon

[Misslindi]

Re: Solicitor Problem and DWP.

Thank you for your help. I hope you feel better soon too. X

[Misslindi]

Re: Solicitor Problem and DWP.

So do make sure you are named in the grant of probate

Update. Advice needed please
I am on the grant of Probate which was granted on 20th July which I checked online ( thank you!). My solicitors have still not informed me, its been two weeks! I have spoken to DWP as I am now named on my Mums file. They could not understand why the solicitors have not been in touch but said they will deal with me directly from now.
this is from the solicitors......

"A grant of probate will still be granted but we will be unable to distribute any monies from the estate until the DWP have let us know of what action they are taking, if any. Therefore, there will be a delay in finalising the estate which you need to make your family aware of. We cannot at this time say what this is likely to be since we are in the hands of the DWP Investigation Unit. We will, however, keep you updated as and when we hear from them.A grant of probate will still be granted but we will be unable to distribute any monies from the estate until the DWP have let us know of what action they are taking, if any. Therefore, there will be a delay in finalising the estate which you need to make your family aware of. We cannot at this time say what this is likely to be since we are in the hands of the DWP Investigation Unit. We will, however, keep you updated as and when we hear from them."

Mum was on Pension credit for about a year. Should I write and ask for a sum to be put aside to pay if and when?
How would I word a letter like that? What should I do if they refuse?
Can anyone help?

[bb41]

Re: Solicitor Problem and DWP.

Hi me again,

I can only tell you my circumstances so it might not be relevant.

I was granted probate beginning of July I think roughly , two of my late Mums private pensions over paid. Finalising of the acc's are going ahead and I signed the financial institution closing of accounts . This took about 10 days (no rushing Barclays and Nationwide !!) I was paid my expenses 2 weeks ago which helped me a lot.

I can't receive the proceeds of the estate until all payments have been met so I think that setting aside money to pay the DWP won't be an option as it is the executors job who are totally responsible for finalising debts etc.

I would imagine until the DWP have done the investigation and they have reached a final figure then nothing can be distributed except any out of pocket expenses.

As for your solicitor not informing you about the grant , it does sound at best arrogant but not sure they are legally bound to do so. Maybe others can clarify .

All in all the executors won't release any money until all debts have been paid.

There may be a case where they can release the residue of the estate and make you liable for any debts , I'm not sure how beneficial this would be and you have to weigh up the expense of solicitors fees to do this for you against taking it on yourself.

I know it's probably not the answer you want and if like me I spent out so much and had to wait so long to recover the costs to a point where I was financially strapped then the stress is unbelievable at a time when you are probably at a very low point.
I hope the DWP gee themselves up especially as they will now talk to you directly
xx

[des8]

Re: Solicitor Problem and DWP.

If co- executors are named in the will, they have to act in unison.
This means the solicitors who are named can do nothing without your agreement, but likewise you need their agreement to act.

If the DWP are investigating a possible overpayment, and it is eventually confirmed that there was an overpayment, they will require its repayment from the estate.
If the estate has been distributed the DWP could eventually recoup it from any one of the executors.
The solicitors are going to be concerned that they would be the target.

You say your mother was in receipt of PC for the last twelve months of her life.
Have DWP confirmed in writing that this is the extent of their investigations?

Without knowing details about beneficiaries etc it is difficult to judge the best way forward, but there really isn't a great problem (if the estate is as you suggest with only a small possible
liability to DWP) to making a partial distribution.
If you write to the solicitors requesting this, you could also point out that as co-executors all decisions have to be made unanimously, you all have to sign property deeds and titles for transferring assets, sign for the estate's financial accounts, tax returns and any other paperwork.
As a co-executor you will therefore require a full accounting of all their charges.

With respect to the last comment, keep a written note of whom you speak to in the office, date and time and length of call..
If you don't actually speak to the solicitor, but only the secretary or office junior you don't want to be charged at solicitors rate!

[bb41]

Re: Solicitor Problem and DWP.

In reply I am sole beneficiary but my solicitor won't release anything until all debts are paid.... Is it that my solicitor is just being overly cautious ??

[Misslindi]

Re: Solicitor Problem and DWP.

If co- executors are named in the will, they have to act in unison.
This means the solicitors who are named can do nothing without your agreement, but likewise you need their agreement to act.

If the DWP are investigating a possible overpayment, and it is eventually confirmed that there was an overpayment, they will require its repayment from the estate.
If the estate has been distributed the DWP could eventually recoup it from any one of the executors.
The solicitors are going to be concerned that they would be the target.

You say your mother was in receipt of PC for the last twelve months of her life.
Have DWP confirmed in writing that this is the extent of their investigations?

Without knowing details about beneficiaries etc it is difficult to judge the best way forward, but there really isn't a great problem (if the estate is as you suggest with only a small possible
liability to DWP) to making a partial distribution.
If you write to the solicitors requesting this, you could also point out that as co-executors all decisions have to be made unanimously, you all have to sign property deeds and titles for transferring assets, sign for the estate's financial accounts, tax returns and any other paperwork.
As a co-executor you will therefore require a full accounting of all their charges.

With respect to the last comment, keep a written note of whom you speak to in the office, date and time and length of call..
If you don't actually speak to the solicitor, but only the secretary or office junior you don't want to be charged at solicitors rate!

Hi des8 thank you for your Post!
Mum set up the will with one main beneficiary. There is also a nominated account with twice the amount needed
to pay for everything else, funeral, tax, debts, solicitors fees etc. Money left at the end is to be divided between named friends and family. Its a simple will.
I don't ring the solicitors I always email unless I'm sending in documents. Mum told about that.
I am confident that Mum only claimed for a year because It was me that suggested citizens advice, because she had a stroke and she found forms difficult. I will call DWP on Monday to ask for a letter confirming the amount or the dates.
I have been given full accounting but can not understand them because everything is in code. I will think about charges later.
I am worried because the solicitor said that we are about half way once we reach probate ??? How ???? 8 more months of this please no.
I think I need to flex my executors muscles a bit?
I will write as you outlined thank you..... lets see what happens

Your a star!

[Misslindi]

Re: Solicitor Problem and DWP.

hello ! I see you read des8's post. xx

[bb41]

Re: Solicitor Problem and DWP.

Just wondering, who advised that she could get pension credits ?

[Misslindi]

Re: Solicitor Problem and DWP.

CAB They filled in the forms for her.Of course they would know the date then I could work out how much!!! Genius bb41thanks xx

[des8]

Re: Solicitor Problem and DWP.

Hi des8 thank you for your Post!
Mum set up the will with one main beneficiary. There is also a nominated account with twice the amount needed
to pay for everything else, funeral, tax, debts, solicitors fees etc. Money left at the end is to be divided between named friends and family. Its a simple will.
I don't ring the solicitors I always email unless I'm sending in documents. Mum told about that.
I am confident that Mum only claimed for a year because It was me that suggested citizens advice, because she had a stroke and she found forms difficult. I will call DWP on Monday to ask for a letter confirming the amount or the dates.
I have been given full accounting but can not understand them because everything is in code Well ask for an explanation
. I will think about charges later.
I am worried because the solicitor said that we are about half way once we reach probate ??? Ask why, as it is a simple will and estate How ???? 8 more months of this please no.
I think I need to flex my executors muscles a bit?
I will write as you outlined thank you..... lets see what happens

Your a star!

Comments in red

[des8]

Re: Solicitor Problem and DWP.

In reply I am sole beneficiary but my solicitor won't release anything until all debts are paid.... Is it that my solicitor is just being overly cautious ??

Possibly. but solicitors don't like taking any risks because if they do and it all goes wrong it may have ramifications for them.
However if the estate is substantial they could make a partial settlement.
This was arranged for my wife some years ago when her father's estate was being settled. It had taken longer than expected, but we were committed to purchasing a business using some of her legacy. A bit of discussion with solicitor and other beneficiaries and a partial settlement made. It all depends on circumstances, but is not impossible.

[Misslindi]

Re: Solicitor Problem and DWP.

Will DO !!!!

[Misslindi]

Re: Solicitor Problem and DWP.

Hi, Regarding complaints. What do you do if the Solicitor is the senior partner? X