Repaying Pension overpayment. What happens when I die ?

[Whatnext]

I am repaying a pension overpayment by monthly instalments deducted at source. This will go on for a number of years. What happens to the outstanding amount should I die before the overpayment is fully repaid ?
Will the pension company demand it from my estate, from my wife if she is still alive or what ?
Thanks.

[The Tech Clerk]

Benefit overpayments: Repayments when someone has died = relates to Gov pension? yours???

[Whatnext]

Thanks for the link.
The pension I am referring to is from Teacher's Pensions, not the State Pension.

[The Tech Clerk]

Dealing with mistakes and overpayments with your pension

useful info here, how long ago was the mistake made i.e. over 6 years etc?

[Whatnext]

Thanks again for the link.
Error admitted by Teacher's Pensions was in 2002 and discovered in 2018 but Statute of Limitations does not apply as its recovery of public funds. There is a set legal precedent for this. I have worked my way through all the appeals procedures and now the papers are with the Pension Ombudsman for a final decision, but this could be 12 months to wait.
I don't hold out any great hope so that was the reason for the question about " What happens after my death".
I think I will have to talk to a solicitor about my Will and see if there are any options open to me.
Cheers.

[Still Waving]

The normal rule is that any liabilities are to be repaid from the Estate of the deceased, if there are any funds left after payment of priority debts (not sure if your case is classed as a priority debt, from what you have said). If there are insufficient funds in the Estate, creditors do not normally have recourse to the family of the deceased. However, the situation might be different if your wife is entitled to a reduced pension from the same source after your death.

Professional legal advice needed.

[The Tech Clerk]

Limitation


Under the Limitation Act, trustees must bring any claim against a member to recover overpaid pension within six years of the date on which the mistake was discovered (or should have been discovered with reasonable diligence) – this needs to be carefully assessed. Members have been able to use the limitation period as a successful defence against a restitution claim where trustees could with more care have discovered the mistake earlier.