Have you been overcharged deputyship fees by the OPG for England and Wales? If so, you may be able to claim a deputyship fee refund.
Information in this help guide explains who can claim a refund of deputyship fees, the eligibility criteria, and how much you might get.
To get a refund, the deputyship assessment and annual supervision must have taken place between the 1st of April 2008 and the 31st of March 2015.
You need to make a claim with the Office of the Public Guardian (OPG) to find out whether any money is owing - and how much you can get.
But, as a deputy acting under a current court order, there would be no need to apply. Overcharged fees would be refunded by automatic process.
Note: The deadline to claim a deputyship fee refund is the 4th of October 2022. As a rule, reimbursements will be less than £200 (plus 0.5% interest).
Furthermore, the final amount that you get returned to you will be based on three determining factors, which are:
You can make a claim if the deputyship was active between the 1st of April 2008 and the 31st of March 2015 or you are acting for someone who had a deputy - and they are no longer living.
Note: There is no need to apply for a pay back if you are still acting as someone's deputy. Any overcharged fees would get refunded automatically.
Supposing you had a deputy previously, but now you have the capacity to make your own decisions. If this is the case, you can still apply for a refund.
If you prefer, your property and financial affairs attorney can also claim a deputyship fee refund on your behalf.
The executor of the will (or administrator of the estate) would need to make the claim if the 'client' is no longer living. A family member can also make an application if there is no estate administrator.
You should divide any money recovered from the Office of the Public Guardian between all the beneficiaries of the deceased person's estate (the client).
You will need to supply some personal details about the client (i.e. person who had a deputy), including their:
The information and documents that the claimant [you] must provide include proof of your:
The OPG will return original documents by post. But, you can also send scanned and photocopied documentation (must be a different piece of evidence for each type of proof).
Note: Unless you get refunded by cheque, you also need to give some bank account details to receive the payment.
Note: Property and financial affairs attorneys must provide the lasting power of attorney reference number.
You can apply for a refund of deputyship fees using form (OPG108). Fill in your details and send it together with the other evidence that you are supplying.
To claim by email, you will need to send the form and scanned copies or clear photographs of original documents as 'attachments' to [[email protected]].
You can send several emails if it goes over the maximum size limit of 10MB. It is important to write 'Deputyship fee refund application' in the subject line.
Send the form along with your evidence to:
Deputyship Fee Refunds
Office of the Public Guardian
PO Box 10796
Contact the helpline if you are unable to fill in the form yourself or claim by email. Even so, they would still need to receive some documents as evidence of a valid claim.
Deputyship Fee Refunds Helpline
Email: [email protected]
Telephone: 0300 456 0300 (choose option 6)
Textphone: 0115 934 2778
Monday, Tuesday, Thursday, Friday 9am to 5pm
Wednesday 10am to 5pm
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The Office of the Public Guardian (OPG) will confirm (by email or letter):
Note: Allow up to twelve (12) weeks for the processing of a claim. You should contact the Refunds Hotline if you want to appeal a rejected claim.
How to Claim a Deputyship Fee Refund in United Kingdom