I need advice regarding a DM15S form from DWP re my deceased uncle's estate

[Donald Marine]

I am the executor of my recently deceased uncle's esatate. He died without leaving a will and I am the only living blood relative. I applied for a grant of probate in order to be able to close bank accounts etc.

DWP have now written to me asking for details of all bank accounts etc and have warned me that, as he was receiving benefits, they may have overpaid and will look to claim back any such overpayments.

What powers do the DWP have if they start an investigation? Can they trace any/all bank or building society accounts by way of his name and NI no. which they obviously have?

[Bazooka Boo]

Any 'overpayments' will be taken out of his estate, IF there have been any, and IF he does have anything to give out of his estate, once all the

other vultures have had their pick.

[Donald Marine]

Yeah thanks - I know! I'm really wanting to ascertain what the DWP can find out if they start an investigation.

[Bazooka Boo]

Having a read around on other sights, it seems that it is standard procedure for the DWP to ask for details.

 

http://boards.fool.co.uk/it-is-standard-procedure-for-dwp-to-write-to-the-11519045.aspx

 

http://ouchtoo.org/index.php?topic=6296.0

 

https://www.gov.uk/government/publications/fraud-investigations-staff-guide

[caro]

Yeah thanks - I know! I'm really wanting to ascertain what the DWP can find out if they start an investigation.

 

They can find everything and access information from accounts.

[Donald Marine]

Yhanks - but how do they identify which accounts exist?

[citizenB]

This might be useful for you.

 

 

I found a useful website that has this list.

 

The order in which debts should be paid

 

There is a legally laid down priority in which debts must be paid from an estate which is given below.

 

WARNING: If an organisation such as a bank has multiple assets, e.g. a current account, a savings account, a credit card and a loan, they can legally put all those accounts together to discover if there is an overall positive or negative balance. Therefore it will probably not be possible to use money from a savings acount with money in it to pay for a funeral, if there is an overall debt to the bank.

1. Secured creditors. They will recover what they are owed from the asset which secures the debt. Examples of a secured debt are a mortgage on a property or a loan for purchase of a car. If the asset against which the debt was secured does not cover the entire debt, the balance of the debt falls into the unsecured creditors category.

2. The funeral expenses. These should be reasonable and proportionate to the size of the estate. For example one cannot use £6000 of a £7000 estate on the funeral if there are also debts of several thousands of pounds. A gravestone or other permanent memorial is not considered to be part of the funeral expenses.

Family members who pay for a funeral from their own money may find it difficult to recover the money later if there are other creditors.

Please do not arrange a funeral if you do not know where the money to pay for it will come from. Call us for more information on what to do in this situation.

3. Testamentary expenses. These are the expenses you incur as part of the administration of the estate. You should keep a careful record of these and keep any receipts for petrol or train journeys, postage etc. You may also want to ask for proof of posting certificates at a Post Office which are free of charge.

4. Preferred debts and Preferential debts – these are very rare and will not apply in most cases. Wages due to employees are preferential debts and this may apply where the deceased received direct payments for employing carers.

5. Unsecured creditors e.g. debts to local and central government. utility bills, bank loans, credit and store card debts.

6. Interest due on unsecured loans.

7. Deferred debts – an example would be an informal loan between family members.

Legally, all the debts must be paid strictly in this order and all debts in 1 take priority over those in 2 and so on down the list.

Please note that all debts in a category must be paid before moving onto the next category. If there is insufficient money to completely clear the debts in one category money should be paid to each one in proportion to the money owed.

 

Taken from http://www.bereavementadvice.org/probate-and-other-legal-procedures/insolventestates.php