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Can anyone recommend a solicitor or accountant to help with DWP claim against estate?

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  • Can anyone recommend a solicitor or accountant to help with DWP claim against estate?

    Hello, I am a new member. I have read with interest several threads on this forum about the DWP sending a letter to the executor of an estate asking for the deceased's bank statements as they think there 'may be' some overpaid pension credit. The same thing has happened to my husband with regard to his mother's estate. The laws surrounding the whole issue seem quite involved, and the issue of whether my mother-in-law did or didn't inadvertently receive more than she was due quite difficult to establish from the paperwork we have. Has anyone out there ever used, or know of, either a solicitor or accountancy service that would help us sort things out, i.e. take the DWP/financial paperwork and work out if anything is in fact owing, so that we would have a more informed position to counter any claims for repayment from the DWP? Does such a service exist? Is there a particular sort of solicitor or accountant or accounting solicitor who would deal with this sort of thing and if so can anyone recommend a good one? Thanks!
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  • #2
    Re: Can anyone recommend a solicitor or accountant to help with DWP claim against est

    Originally posted by Prev View Post
    Hello, I am a new member. I have read with interest several threads on this forum about the DWP sending a letter to the executor of an estate asking for the deceased's bank statements as they think there 'may be' some overpaid pension credit. The same thing has happened to my husband with regard to his mother's estate. The laws surrounding the whole issue seem quite involved, and the issue of whether my mother-in-law did or didn't inadvertently receive more than she was due quite difficult to establish from the paperwork we have. Has anyone out there ever used, or know of, either a solicitor or accountancy service that would help us sort things out, i.e. take the DWP/financial paperwork and work out if anything is in fact owing, so that we would have a more informed position to counter any claims for repayment from the DWP? Does such a service exist? Is there a particular sort of solicitor or accountant or accounting solicitor who would deal with this sort of thing and if so can anyone recommend a good one? Thanks!
    Hello, Prev

    NB: we (some Legalbeagles and I) helped persons deal with issues like this before, seemingly successfully. Your circumstances in my view do not require a solicitor, unless they're more complicated that you're suggesting.

    Sorry to hear of your situation. Can you do this yourself rather than paying for a solicitor? In general, DWP may only claim against an estate (the dead's person's property) in certain circumstances, ie overpaid amounts which involve fraud or the dead person's mistake who was on benefits, under DWP law. If it is a joint bank account the other person/ joint account holder (survivor) claims everything in it under property law. DWP cannot force a beneficiary to hand over bank statements for a joint account, does not have the power to ask a bank for it either. If the person voluntary gives DWP possession of the bank statements that's different. DWP in any event have to prove the overpayments even if they were to apply. No matter what, it's a civil matter in that DWP to claim against the estate has to take it to a County Court. They will only make a claim if they have evidence there is claim worth making.
    Last edited by Openlaw15; 17th April 2016, 10:54:AM.

    Comment


    • #3
      Re: Can anyone recommend a solicitor or accountant to help with DWP claim against est

      Originally posted by Prev View Post
      Hello, I am a new member. I have read with interest several threads on this forum about the DWP sending a letter to the executor of an estate asking for the deceased's bank statements as they think there 'may be' some overpaid pension credit. The same thing has happened to my husband with regard to his mother's estate. The laws surrounding the whole issue seem quite involved, and the issue of whether my mother-in-law did or didn't inadvertently receive more than she was due quite difficult to establish from the paperwork we have. Has anyone out there ever used, or know of, either a solicitor or accountancy service that would help us sort things out, i.e. take the DWP/financial paperwork and work out if anything is in fact owing, so that we would have a more informed position to counter any claims for repayment from the DWP? Does such a service exist? Is there a particular sort of solicitor or accountant or accounting solicitor who would deal with this sort of thing and if so can anyone recommend a good one? Thanks!
      Originally posted by Openlaw15 View Post
      Hello, Prev

      Sorry to hear of your situation. Can you do this yourself rather than paying for a solicitor? In general, DWP may only claim against an estate (the dead's person's property) in certain circumstances, ie overpaid amounts which involve fraud or the dead person's mistake who was on benefits, under DWP law. If it is a joint bank account the other person/ joint account holder (survivor) claims everything in it under property law. DWP cannot force a beneficiary to hand over bank statements for a joint account, does not have the power to ask a bank for it either. If the person voluntary gives DWP possession of the bank statements that's different. DWP in any event have to prove the overpayments even if they were to apply. No matter what, it's a civil matter in that DWP to claim against the estate has to take it to a County Court. They will only make a claim if they have evidence there is claim worth making.
      Hi Prev

      I don't think LB recommend individual solicitors.
      I'll give @Amethyst [MENTION=2]Celestine[/MENTION] & @EXC a nudge.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

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      • #4
        Re: Can anyone recommend a solicitor or accountant to help with DWP claim against est

        Originally posted by charitynjw View Post
        Hi Prev

        I don't think LB recommend individual solicitors.
        I'll give @Amethyst & @EXC a nudge.
        although we do have some probate solicitors on our sister site LBcompare xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

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        • #5
          Re: Can anyone recommend a solicitor or accountant to help with DWP claim against est

          Originally posted by Kati View Post
          although we do have some probate solicitors on our sister site LBcompare xx
          Ooops, how could I forget [MENTION=49370]Kati[/MENTION]?

          :sorry:
          :hail:

          :madgrin:
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Can anyone recommend a solicitor or accountant to help with DWP claim against est

            I would have thought that put simply, the DWP, or any body in charge of public money payments, could assess overpayment directly from payments made versus the date of death from the death certificate and proving this either way would not need the services of a solicitor.

            The only time I think they would ask for the claimant's band statements is perhaps when there is an issue of overpayment that has occurred as a result of fraud ( i.e. there has been culpable or fraudulent neglect in advising that authority of the death ) or where the overpayment has been so large that they feel that prosecution is likely and they need hard copy evidence that payments have been made, or more importantly that withdrawals have been made on the same funds i.e. where there may have been joint signatories and monies may have been suspiciously used after death, particularly if the balances are part of an assessed estate. I guess possession of bank statement evidence clarifies and defines overpayments needing repayment from whoever is in charge of the estate. Without doubt, it's always a sad experience to have executives of HMG claiming monies, other than death duties, from a deceased person's estate.

            I really cannot see any room for error occurring where the date of death is confirmed and any under or over payments can be clearly calculated without resource to claimants bank statements.

            Comment

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