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Claim for overpaid pension contributions after Probate

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  • Claim for overpaid pension contributions after Probate

    My Estranged father died in Dec 2011 and I was notified by a hier hunter company in August 2012 of his death. I agreed for a Probate company to administer the estate on behalf of myself and my four sisters. I was advised that all debts had been paid and the Estate was distributed equally to the five of us in August 2013.
    In March 2015 I was contacted by the Cabinet Office stating that I owed them for overpaid pension amouts as they had continued to pay amounts into his account until his account was closed at the time of Probate and my name was on the Grant of Probate. The Probate Company tried to have them writen off due to the time that had past and the moneys had been distributed and received in good faith.
    In Sept 2015 I have just received a claim from the Courts & Tribunals Service and the Probate cannot advise me as they are jointly named on the claim.
    Am I liable for the overpayment as I had no visibility to my late father accounts, am I not indemnified by the use of a Probate Company?
    The claim is almost 3 times more than I recieved (as the estate was spit 5 ways), am I liable for all the overpayment or only a fifth?
    Do I have any recourse with the Probate Company for not checking that amounts were being paid into his account after his death (which I would have though would have been common check in these senarios)?

    I hope someone can help as I am no longer sleeping at night.
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  • #2
    Re: Claim for overpaid pension contributions after Probate

    I live in Scotland and I hope someone can give me advice. My mother died in 2014 and her estate was divided between my sister and me . My sister and a solicitor were the executors . I have now been sent a bill from the solicitor who was dealing with her estate for back payments owed to DWP for pension credit when she was in a care home which I had no idea she was getting pension credit. Do I have to pay this money or is it the executors of my mothers estate who pay it. My sister and I are estranged and have been for many years. The estate was settled in December 2014. Thanking you

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