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Does the probate office inform DWP / do DWP check probate records?

68 replies

Thedayb4youcame · 30/06/2024 22:50

I have spent several months executing a will. The solicitors did all the legal side (probate, bank accounts, property transfers etc) and I did all the running around & admin.

Several beneficiaries are on means-tested benefits which will be compromised by their inheritance. Some beneficiaries have taken their share of a property rather than sell it and taking the money.

The total of their individual inheritances are far greater than the total allowed by the DWP for those on means tested benefits, although the actual cash payout is between the two thresholds (it's the share of the property that bumps it up).

I have no idea if any of the beneficiaries intend to inform the DWP of any or all of their inheritance, and this is not my problem. However, it does not stop me worrying about their future.

I have been all over the internet, and nowhere can I find anything that says the solicitor or whoever can proactively inform the DWP - it seems that the claimants have to do this, because the only option for a 3rd party is to log a potential fraud investigation application. This is despite me reading that the DWP regularly check probate records.

Has anyone had experience of this? If so, how long did it take the DWP to contact the claimants?

Thanks in advance.

OP posts:
Thedayb4youcame · 04/07/2024 10:06

Another2Cats · 04/07/2024 09:05

The OP has to act in the best interests of the beneficiaries. It would appear that the beneficiaries have expressed their opinion to the OP that they believe it is in their best interests to not sell the property.

Yes, the OP could ignore the expressed wishes of the beneficiaries and sold the house but would that be in their best interests?

Neither of us know the full situation of the beneficiaries and what may be their best interests.

@Chewbecca @Another2Cats

Thank you for your replies. What you have said is exactly the situation. None of the beneficiaries lack capacity in any way, shape, or form, none of them owned a property, all involved wanted to own the property between them, and the solicitor arranged this without a blink of an eye.

The property could -quite literally- be put up for sale tomorrow, if they change their minds. They are the owners, that would be their choice.

As executor, it was not my place to say they couldn't keep the house. It's no different from one person inheriting 100% of the house - I couldn't say to them "I have to sell it and give you the money". It would be their choice.

OP posts:
Thedayb4youcame · 04/07/2024 10:07

italiancoffee · 04/07/2024 10:06

Are you on benefits op?

No. I have never qualified for them.

OP posts:
italiancoffee · 04/07/2024 10:08

going by your very recent posting history - you have recently lost your mother and you are a cleaner

so i’d wager that that you are one of the beneficiaries in this scenario, and you are on benefits and you are worried about the DWP

Needless to say, you will deny!

italiancoffee · 04/07/2024 10:09

Thedayb4youcame · 04/07/2024 10:07

No. I have never qualified for them.

despite being a cleaner for 20 years? not the highest paid role

Thedayb4youcame · 04/07/2024 10:10

italiancoffee · 04/07/2024 10:09

despite being a cleaner for 20 years? not the highest paid role

2 + 2 = 5 here, I'm afraid.

OP posts:
Bromptotoo · 04/07/2024 10:13

Why do people feel the need to needle the OP?

italiancoffee · 04/07/2024 10:14

as i say, obviously you weee going to deny

but having recently lost your mother and in low paid work…. i’d reckon it’s a 2+2=4 scenario

italiancoffee · 04/07/2024 10:14

Bromptotoo · 04/07/2024 10:13

Why do people feel the need to needle the OP?

because quite often… the devil is in the detail

Thedayb4youcame · 04/07/2024 10:15

italiancoffee · 04/07/2024 10:14

as i say, obviously you weee going to deny

but having recently lost your mother and in low paid work…. i’d reckon it’s a 2+2=4 scenario

Ah dang! It's a fair cop. Yes, it's me, I inherited a share of my mother's house. Feel free to report me to the DWP

OP posts:
italiancoffee · 04/07/2024 10:31

Thedayb4youcame · 04/07/2024 10:15

Ah dang! It's a fair cop. Yes, it's me, I inherited a share of my mother's house. Feel free to report me to the DWP

Edited

no need

as established on this very thread

Thedayb4youcame · 04/07/2024 10:32

italiancoffee · 04/07/2024 10:31

no need

as established on this very thread

Oh my relief.

OP posts:
italiancoffee · 04/07/2024 10:33

Thedayb4youcame · 04/07/2024 10:32

Oh my relief.

meaning DWP will find out eventually

good luck op

hushabybaby · 04/07/2024 11:11

When land registry re do the deeds of the house to put the new owners names on, It is now public and very easy to know who owns what, if there is a mortgage or not etc. you also have to fill out rigorous identity forms to be on the deeds.

If uc or dwp investigate or means tests them or do a quick search it will show as an asset.

Also if they go on to rent out the property this is income. Which is all taxable!

Bringitonnowibeg · 04/07/2024 11:42

Sorry to come on here and ask my own question but some of you seem to know your stuff. I'm due to receive a sum of money from the redress board from the historical abuse enquiry. I've to split it 5 ways legally. No problem. It's not life changing but might take some of them slightly over the threshold. Now my question is that I read somewhere a law was passed in 2021 that this particular money is to be disregarded as income. Would anyone else have any advice or info on this please ? Some of the beneficiaries are vulnerable and need it all explained to them and it will be my responsibility to make sure they don't get in to trouble. Thanks for reading.

Thedayb4youcame · 04/07/2024 11:52

Bringitonnowibeg · 04/07/2024 11:42

Sorry to come on here and ask my own question but some of you seem to know your stuff. I'm due to receive a sum of money from the redress board from the historical abuse enquiry. I've to split it 5 ways legally. No problem. It's not life changing but might take some of them slightly over the threshold. Now my question is that I read somewhere a law was passed in 2021 that this particular money is to be disregarded as income. Would anyone else have any advice or info on this please ? Some of the beneficiaries are vulnerable and need it all explained to them and it will be my responsibility to make sure they don't get in to trouble. Thanks for reading.

Everything i can find on Google, using the information you have provided here, says there will be no compromise to means-tested benefits.

The vulnerable people you speak of, who is deputising for them? The deputy is the one who needs to get this confirmed bybtge DWP, if confirmation is needed.

OP posts:
Bringitonnowibeg · 04/07/2024 11:59

It's 2 relatives with mental health problems thanks so much for reply.

Bromptotoo · 04/07/2024 12:17

Not clear from OP if these payments are income or capital

Either way I don't think they're counted for UC purposes:

https://www.legislation.gov.uk/uksi/2013/376/regulation/76

Bringitonnowibeg · 07/07/2024 21:27

Tysm for reply.

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