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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10743
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mother died on 1st October 2014. I was joint executor and

Customer Question

My mother died on 1st October 2014. I was joint executor and her estate has been distributed as to her will. I have now received a letter from Department for Works and Pensions saying that she may have been paid too much Pension Credit and that I as an executor will be liable. They are asking for statements from her bank and Virgin for 6/10/2003.
Is this legal? I have been told by a friend who had a similar experience that there was a time limit and they cannot get information going back this far.
Louise Wright
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am afraid this is a fairly standard request, and they are entitled to request evidence of your Mother's capital as far back as they deem necessary. As you ar eprobably aware, they just want to check the level of capital your Mother was holding and if it turns out your Mother did not disclose the current amount, any overpayment can be re-claimed from her Estate even if the non disclosure was purely innocent.

If there has been an overpayment, it will be classed as a debt of the Estate which will need to be repaid.

Sorry this isn't perhaps the answer you were looking for, but it sets out the legal position.

Kind Regards