DWP & Probate: support for executors

What happens when someone dies while receiving benefits?

A death should be reported to the DWP so that benefit payments can be stopped and the entitlement up to the date of death can be worked out. In many cases this can be done through the Tell Us Once service offered when the death is registered, or by contacting the relevant benefit offices directly.

Once notified, the DWP works out whether anything further is due to the estate, or whether more was paid than the person was entitled to.

Why the DWP may contact the estate

The DWP may write to the personal representative to confirm details of the estate, the person's circumstances or the benefits that were being paid. Means-tested benefits can be reassessed if capital or income was not as previously reported.

Correspondence does not automatically mean anything is owed. It usually means the position is being checked.

Benefit overpayments

Where more benefit was paid than the person was entitled to, the DWP may seek recovery of the overpayment from the estate. Any such debt is dealt with as part of the estate's liabilities before beneficiaries receive their share.

If you disagree with a decision, there are official routes to ask for it to be looked at again. We can help you organise the information needed to respond.

What executors need to know

As personal representative you are responsible for identifying the estate's debts as well as its assets, and for settling those debts before distributing what is left.

• Report the death to the DWP and keep a record of what was reported and when
• Keep any DWP correspondence with the estate papers
• Gather bank statements and benefit records if information is requested
• Do not assume an enquiry will be quick — the DWP sets its own timescales

Why you should understand outstanding liabilities before distribution

Distributing an estate before liabilities are known can leave a personal representative personally exposed if a debt later comes to light. That includes sums the DWP may seek to recover.

For that reason it is usually sensible to establish the position, including any DWP enquiry, before money is paid out to beneficiaries.

How Prudential Probate Services can help

We help executors understand what has been asked for, organise the relevant estate information and keep correspondence in order while a review is ongoing. We also handle the wider probate and estate administration work you ask us to take on.

We have no special access to the DWP and cannot promise a timescale for its decisions. What we can do is make sure the estate side is handled carefully and that you know where things stand.