DWP investigations of estates can take 6-18 months

Sometimes the Department of Work and Pensions decides to contact the executors of an estate because they want to see if a means tested benefit was correctly claimed in the lifetime of the deceased. 

The sort of information that they frequently require can go back a very long time – back to the date of the original claim.  In many cases, the investigation comes up with nothing, once all enquiries have been satisfied but sometimes there is a large amount that the DWP wishes to reclaim from the estate. It could even be significant enough to reduce the estate to zero.  In quite a few cases, the executors cannot supply information because banks usually only keep computerised records for about ten years.

This sort of investigation takes a lot of time, and is not something within the control of the executors. Investigations can take 6-12 months and longer periods have been observed, partly because the DWP can close their file without contacting the executors to confirm that they are satisfied with enquiries. Of course, if you are using a solicitor to help you, you will want to reduce the costs by reducing the number of letters and phone calls made to the DWP. This has to be weighed in the balance against the amount of time that the matter will take in any event. 

It is unwise for executors to distribute an estate if they are waiting for the outcome of an enquiry. If they do so and the amount owed is significant, then the executors will have to pay out of their own pockets because beneficiaries may not give the money back If they have spent it.

If you live in the Margate area and would like advice on a probate matter or your will, call Boys & Maughan Solicitors in Margate on 01843 23400.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.