How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12294
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

My father has died, he lived with a partner and both have

This answer was rated:

My father has died, he lived with a partner and both have been in poor health (she is in hospital at present after a fall) the partner's son has been acting like a carer to his mum but no love lost between him and my dad. I work away and only see him every second or third week. He went into hospital the week I was away and died on the Saturday morning, I only found out on the Monday night, when he came to tell me. His words were "your dad died on Saturday, he has no money so unless you and your family can come up with 3000 pounds it will be a paupers funeral". My question is this, when my dad died his partners son got the medical certificate from the hospital and registered the death, but did not notify the DWP, so his pension etc were still paid in to his account and the son has taken five withdrawals totalling 830 pounds. The DWP want me as next of kin to repay this money, what is my position legally?

Thank you for your question. The next of kin is not liable to repay the DWP. Your late father’s estate is responsible for this. The estate can also pursue the partner’s son for taking money out of the account which he was not entitled to do. If there is a will then the executor takes charge of this. If there is no will then you apply to the court to be appointed executor dative. The taking of the money from a deceasedks bank account after death is also theft and can be reported to the police. I hope that helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.

JGM and other Scots Law Specialists are ready to help you