Social Welfare requsting statement of assets

C

Cuba

Registered User
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Hi All,

I am posting this on behalf of a friend who has been made executor of her father's will. Her father was in receipt of a non contributory state pension before his death and she has received a letter from the Social Welfare requesting a copy of the schedule of assets.

Her father's estate consists of his house (which he has willed to her) and some savings (which he has willed, half to her and half to her sister) (I'm not sure how much this is).

She is worried about this letter she has now received as she is unaware if he was entitled to the pension he was receiving and if the social welfare are going to try to take what cash (and house) was left to her and her sister.

Also, it states at the end of the letter she received that if the deceased has not left an estate/will, no further action is required. She is wondering if she should just ignore the letter. Is there anyway that the social welfare would find out that a will was made.

Any help would be gratefully appreciated. Thanks.
 
"Also, it states at the end of the letter she received that if the deceased has not left an estate/will, no further action is required. She is wondering if she should just ignore the letter. Is there anyway that the social welfare would find out that a will was made."

They are on to your friend. She needs to get proper advice. If there is money due from the estate to Social Welfare, that debt takes precedence over any of the assets.

Its a no brainer. They know he is deceased. A simple land registry search will probably show the house in the father's name. Even if there was no will, the monies due to Social Welfare, if any, still take precedence.

mf
 
I'm assuming that your friend has legal obligation to reply as executor, so agree - no brainer.

Social Welfare are trying to establish if the correct amount of non-contributory pension has been paid - if your friend's father was paid to little, the amount underpaid will be due to the estate. If he has been overpaid, it will come out of the estate - it can work both ways.

The Non Contributory Pension is means tested. The family home is not considered for the means test. If her father had savings greater than €20k then he will be treated as having some means (look up "Non Contributory Pension Means Test" for further details). If he had any other income, this will also be considered for means.

Why not find out how much her father received each week in his pension, the amount of his savings and any other income and go to the Citizen's Advice Centre where they should be able to put you in the picture.
 
Cuba said:
Hi All,


She is wondering if she should just ignore the letter.

Any help would be gratefully appreciated. Thanks.
Click to expand...

Take the advice given above but in the meantime acknowledge the letter and tell them she is collecting the info.
I have dealt with SW on a few occasions for folk and if you are open and communicative then they are fine, even to the point of " we won't worry about that now", " thats not a problem" etc.
However for folk who ignore/obfuscate, it is not pretty.

The Revenue and SW work together on such issues and the data includes bank interest statements.

Useful links

http://www.welfare.ie/en/Pages/home.aspx
and http://www.citizensinformation.ie/en/


This post here helps also
http://www.askaboutmoney.com/showthread.php?t=137644
 
Last edited:
Cuba said:
She is wondering if she should just ignore the letter.
Click to expand...

Your friend needs to get proper legal advice on this. Failure to carry out their duty as executor in the proper manner could leave your friend personally liable for any amounts (including penalties) owing to social service, revenue etc...
 
With ircoha on this;

Respond honestly and unless deceased had a large sum {hidden}there will be no claw back.
If Social Welfare find you are {hiding} it will then be on your head.
I see no need for legal advice.
 
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