My dad Dennis died on the July 4th.Phoenix Life continued to pay a pension annuity into his bank account after this date.Because of the onerous and bottomless pit of issued that had to be cleared after his death -funeral,registerong his death,probate-not to mention the grief that really only hit 2 months later-I overlooked these psyments.

I decided to do what was the honest and decent thing and notify them of his death and they even demanded a death certificate which i sent.

I wish I hadnt bothered!!-Today i found a letter from them demanding a cheque from me for £287 which they apparently "overpaid" him after he died.

I am furious.I need this like a hole in the head.Is there any way I can legally refuse to pay?-I cant afford to pay this out.

My dad Dennis died on the July 4th.Phoenix Life continued to pay a pension annuity into his bank account after this date.Because of the onerous and bottomless pit of issued that had to be cleared after his death -funeral,registerong his death,probate-not to mention the grief that really only hit 2 months later-I overlooked these psyments.

I decided to do what was the honest and decent thing and notify them of his death and they even demanded a death certificate which i sent.

I wish I hadnt bothered!!-Today i found a letter from them demanding a cheque from me for £287 which they apparently "overpaid" him after he died.

I am furious.I need this like a hole in the head.Is there any way I can legally refuse to pay?-I cant afford to pay this out.

You are not personally responsible for this, so they cannot demand this money from you, as you are not legally responsible. This amount is owed by your Dads estate and if there is nothing left after all relevant expenses have been paid out, then Phoenix won't get anything.

You don't mention whether there is an executor or administrator for your Dads estate, who is looking after his finances. If there is someone who was appointed fo deal with your Dads finances, then this letter from Phoenix should be passed to them. If there is no money left after paying all outstanding costs including funeral expenses, then a simple letter to Phoenix stating that your fathers estate has been closed with no monies left after all immediate expenses including funeral had been paid. That they should cease writing to you, as you have no responsibility for this matter, other than you sent a copy of the death certificate to them.

Thread moved to the appropriate forum.

Regards

Andy

You are not personally responsible for this, so they cannot demand this money from you, as you are not legally responsible. This amount is owed by your Dads estate and if there is nothing left after all relevant expenses have been paid out, then Phoenix won't get anything.

 

You don't mention whether there is an executor or administrator for your Dads estate, who is looking after his finances. If there is someone who was appointed fo deal with your Dads finances, then this letter from Phoenix should be passed to them. If there is no money left after paying all outstanding costs including funeral expenses, then a simple letter to Phoenix stating that your fathers estate has been closed with no monies left after all immediate expenses including funeral had been paid. That they should cease writing to you, as you have no responsibility for this matter, other than you sent a copy of the death certificate to them.

I'm the executor myself

Unfortunately, as the executor, it was your responsibility to ensure that the estate accounts were properly distributed.

You should have seen the credits to the bank account after the date of your fathers death, and checked them.

I understand that it was a difficult time for everyone involved, but this is why it is better for an outside person to be the executor.

You might get lucky and a simple letter stating that there are no funds in the estate after payment of the funeral expenses may bring closure of the matter, but if they wanted to they could investigate this and press for repayment, which would come from you personally, as the executor.

Unfortunately, as the executor, it was your responsibility to ensure that the estate accounts were properly distributed.

You should have seen the credits to the bank account after the date of your fathers death, and checked them.

 

I understand that it was a difficult time for everyone involved, but this is why it is better for an outside person to be the executor.

 

You might get lucky and a simple letter stating that there are no funds in the estate after payment of the funeral expenses may bring closure of the matter, but if they wanted to they could investigate this and press for repayment, which would come from you personally, as the executor.

several questions- probate granted so how come this matter missed? Any assets recoverable to pay this back? If it was all such a small amount all round then try explaining no estate to cover the overpayment after funeral expenses ( this is an allowable priority debt)