Pension fund chasing 'overpaid' pension for my deceased father

[squashyhat]

My father died in 2018. He had a private pension with a firm he worked many years for. Nobody benefited from this pension after his death. However, since then I (as an executor) have received several letters from them requesting to be reimbursed for a substantial amount they claim they overpaid him. I sought advice from CAB who said to ignore them, but here we are 4 years later and they are still chasing. Does anyone know what my legal position is? I will be seeking advice from a solicitor.

The money would have been paid into his bank account. When settling the estate this should have been paid back to the pension company.

Did your receive demands before you distributed the estate? If so I would seek legal advice because IF they do have a claim the fact that you had notice of the claim prior to distribution might give rise to a claim against you personally.

When I say seek legal advice, I don't mean CAB. You need a solicitor.

I'd take legal advice and be careful I'm speaking with them as I'm sure they can't chase a debt over six years however if you contact them it restarts the six years process.

Was this money paid into his account after his death, or are they saying they had overpaid whilst he was alive?

@Fernandina

Was this money paid into his account after his death, or are they saying they had overpaid whilst he was alive?

This, I think it may have been while he was alive if it was 'substantial'. Was he overpaid, have you seen some paperwork to prove it OP?

They overpaid it while he was alive, but apparently it didn't come to light until after his death. I'll have to check the paperwork (which fortunately I still have) - I can't remember the timeline re when I received the first letter from them. I'm certainly not going to contact them until/unless I'm clear what my legal position is.

They are (and always have been) claiming against his estate. But all they say is - please pay into such-and-such a bank account. No threat of legal action. I'm disinclined to pay for their mistake if I don't have to. There's an added complication in the fact that I worked for the same organisation for a couple of years and they owe me a (very tiny) pension, which I can't claim at the moment in case they put two and two together.

Was there probate?

There's an added complication in the fact that I worked for the same organisation for a couple of years and they owe me a (very tiny) pension, which I can't claim at the moment in case they put two and two together.

This is entirely separate.

So the executors knew the money was owed? It should have been paid when the estate was distributed.

Surely they would have to prove he was overpaid? Strange how they only discovered this after his death?

It sounds like they have a claim on his estate if they did overpay (You need to check this as well and work out the whys and wherefores of that) HOWEVER you clearly told them he passed away as no subsequent payments were made. If it went to Probate and was passed and you then posted in the gazette and they didn't contact you before that period passed they have no claim on the estate its tough luck.

Otherwise contact a solicitor as it may be more complex

No legal knowledge whatsoever, but it would seem the timelines are key here. How long after the death did they inform you of the debt? If it was a couple of weeks then I'd have thought that yes the executor (you?) should have ensured the debt was paid from the estate. A couple of years later, once probate granted and Gazette notice published (was this done?) then I'd have thought no chance.

Thanks all for your help. It will be a simple matter to get the money together if I legally have to pay (very few beneficiaries) but I'm loathe do do it if I don't.

But that's theft?

How is it theft?

They made the mistake and are chasing his daughter after his death. How is she responsible now?

They aren't chasing his daughter, they are chasing the executor of the estate.
If they wrote to the executor before the estate was settled, the matter should have been dealt with properly at the time. Establishing the facts and seeing if there was any grounds to argue it. Just ignoring it and paying out the estate was not the right thing to do.

So you know the money is owed but you have no intention of paying it unless someone makes you?

So you know the money is owed but you have no intention of paying it unless someone makes you?

No, OP is saying she won't pay it unless it's owed.

@donquixotedelamancha

So you know the money is owed but you have no intention of paying it unless someone makes you?

No, OP is saying she won't pay it unless it's owed.

No she isn't, she's acknowledged there's been a mistake.

Let me guess. The overpayment was for the gap between your father passing and the pension company being advised of this.

Try the pension advisory service. They helped me with a different pension issue. Had a fab retired solicitor help me with it for free and resolved my issue for me. No guarantee they can help but worth a try.

They paid him. They were then advised that he was deceased, and they didn't make any further payments, and presumably closed his account.

At that point they should have done a proper reconciliation and discovered their error. If they'd done that, then it could have been taken into account when distributing his estate. They didn't, and it has only now come to light. Their error, their loss. Don't pay them.

No she isn't, she's acknowledged there's been a mistake.

Just because the company have told her an overpayment has been made doesn't mean she's liable for it. It's likely that she isn't and it's just standard debt collection practice to pester rather than prove a debt properly.