I have a client who's husband died - they had been paying off an overpayment of 20K at £5 per week form there pension credit, as husband did not put wifes earnings on origonal application.

Now he is dead should wife be liable for this? - on pension credit applications partners do not co-sign.

would appreciate opinions

The usual rules in s 71 of the Administration Act apply to pension credit: an overpayment is only recoverable from the person who misrepresented or failed to declare, or their duly appointed agent (appointee). I'm not aware of any authority for recovery from the spouse in this sort of case. There is a right to recover from the estate assuming that he left anything, but the SOS needs to apply to the duly appointed personal representatives if there are any (and if there aren't he has to apply to be a PR himself). It would rank in priority behind the funeral expenses.

In other words it's the usual situation with any debt where only one person is liable - it dies with them.

many thanks ariadne