My client failed to disclose his partner's earnings for several years and therefore qualified for pension credit and housing benefit. He has just died with no estate. Is she liable for the overpayment?

The normal rule is that debts (unless joint ones) die with the debtor if they cannot be paid from the estate. Did he claim as a single person or was it a couple claim? If the latter and she signed anything then it could well be that she has a liability. If the former and she knew nothing about it then its difficult to see how DWP could succeed with a claim against her. However, you might need legal advice if they show signs of pursuing it.

He was claiming for them both as a couple and she knew nothing about his finances. Housing benefit asks for joint signatures so I assume there is joint responsibility there but I am hoping there is an argument for the pension credit. No action taken by anyone yet - I'm advising her of the possibilities.