If your loved one received benefits during their lifetime, it’s not unusual for the Department for Work and Pensions (DWP) to contact the Executor or Administrator of their estate following a Grant of Probate. Often, this comes in the form of a letter requesting financial information and may include the phrase: “Please treat this letter as a claim against the estate.”

If you have received a DWP letter during probate, it is important not to distribute the estate until the claim or investigation has been resolved. Getting probate advice can help you respond correctly and understand your obligations as executor or administrator.

Why is the DWP contacting you?

The DWP is legally entitled to review whether any benefits were overpaid. These checks ensure that all income and assets were properly declared when the benefits were originally claimed. If the DWP believes too much was paid, it can recover the overpayment from the deceased’s estate – even after death.

What should Executors and Administrators do?

If you receive a letter from the DWP regarding a potential claim against the estate, here’s how to respond:

• Cooperate fully. You may need to provide financial records such as bank statements, savings account details, or pension information. This could involve contacting banks, building societies, or financial advisers.
• Respond promptly. Delays in replying can prolong the investigation and hold up estate administration.
• Do not distribute the estate yet. It is important to pause any final payments to beneficiaries until the DWP confirms the outcome of their enquiry.
• Seek legal advice. A probate solicitor can help you understand your obligations, gather the necessary documents, and respond appropriately to the DWP.

Will this delay the estate administration?

Unfortunately, yes. DWP investigations can add significant delays. There is currently no set timeframe for completing enquiries, and the DWP has a large backlog of cases. Executors and beneficiaries alike should be prepared for the process to take several months or more.

Can these issues be prevented?

While DWP checks cannot always be avoided, the best way to minimise future issues is to ensure that benefit claims are made accurately and kept up to date. If you’re claiming benefits yourself, always notify the DWP of any changes in your financial situation.

Received a DWP letter during probate?

DWP investigations can delay estate administration and create uncertainty for executors and beneficiaries. Our estate administration solicitors can help gather the right information, manage correspondence and keep the estate administration process moving.

A DWP claim against an estate needs to be handled carefully, as executors may need to provide financial records and pause distributions until the enquiry has been resolved. Our experienced Probate Team is here to support you every step of the way

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