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  • FIRST POST
    • masonj3
    • By masonj3 6th May 17, 7:30 AM
    • 155Posts
    • 19Thanks
    masonj3
    Death befor taking pension & ex wife dependant
    • #1
    • 6th May 17, 7:30 AM
    Death befor taking pension & ex wife dependant 6th May 17 at 7:30 AM
    Hi

    My dad died unexpectedly and suddenly a few months ago before taking his private pension . He was age 70 when he died.

    My dad had completed a beneficiary nomination for with my moms details on it. The pension provider say that my dad's ex wife is also a dependant as she was receiving £4 a week spousal maintenance. They have asked for her contact details and copy of the court order from their divorce.

    I don't think there is anything we can do even though her benefitting would be totally against my dad's wishes - does anyone have any idea how much percentage wise she may be given from my dad's pension . Thank you xx

    BACKGROUND
    Married in 1969 for 2 years, ex wife left and filed for divorce she was awarded £4 per week spousal maintenance.
    My dad remarried years later and then set up pension plans etc.
    His will does not name his ex wife they have had no contact since their divorce.
Page 3
  • jamesd
    She is a potential financial dependent just because she was receiving money. But since state pension deferral could get her more than she was getting at a cost of only a couple of thousand Pounds there's no real reason for them to consider more than that. And less or nil seems likely once they have considered her current financial position.

    Zurich have to seek information from her, in part because if she was to disagree with what they decided she could take them to court to try to get more. That's also why they are keeping back a bit, so they haven't fully made payment until they have the information to make a decision that they are comfortable with. Trustees having to make these decisions is something that comes as part of the way the tax benefits of pensions are delivered. Even if they make a payment it'll still be a big gain from the tax benefits overall.

    Them apparently cutting the amount withheld from £48k to £20k is a sign that things are moving in the right direction.
    • masonj3
    • By masonj3 18th Jun 17, 8:40 PM
    • 155 Posts
    • 19 Thanks
    masonj3
    She is a potential financial dependent just because she was receiving money. But since state pension deferral could get her more than she was getting at a cost of only a couple of thousand Pounds there's no real reason for them to consider more than that. And less or nil seems likely once they have considered her current financial position.

    Zurich have to seek information from her, in part because if she was to disagree with what they decided she could take them to court to try to get more. That's also why they are keeping back a bit, so they haven't fully made payment until they have the information to make a decision that they are comfortable with. Trustees having to make these decisions is something that comes as part of the way the tax benefits of pensions are delivered. Even if they make a payment it'll still be a big gain from the tax benefits overall.

    Them apparently cutting the amount withheld from £48k to £20k is a sign that things are moving in the right direction.
    Originally posted by jamesd

    Thank you for the last reply for some reason I have only just seen this I must have deleted a notification - I have still not heard back from them, They have still withheld just under £50k the £20k was a typo was a typo. Its almost 4 weeks since our letter was passed to complaints team x
    • masonj3
    • By masonj3 21st Jun 17, 3:02 PM
    • 155 Posts
    • 19 Thanks
    masonj3
    Hi we have received an update from the pension provider can anyone advise what They mean by checking my dad adhered to the court order - had he not ge would of been imprisionef for non payment ?? The courses could verify this or our bank statements could have been given - thank you xx

    Dear Mrs Xxx

    I have been asked to provide you with an update on the progress of your
    complaint.

    I am the complaint handler investigating the concerns you've raised, and I
    am currently looking into when we will be in a position to release the
    balance due from Mr Xxx's pension.

    We just need to clarify with the other Mrs xx that the Court Order in
    place has been adhered too, and we expect to be in a position to finalise
    matters within the next 14 days.
    I would like to thank you for allowing us the time to investigate this
    matter for you. For information, we have up to 8 weeks to issue our final
    outcome letter, and rest assured we always try whenever possible to exceed
    this.

    In the meantime, I am exploring the possibility of releasing more of the
    fund to you, prior to the completion of my investigation.

    kind regards
  • jamesd
    With payments that low the failure to make them might have been ignored by her so it's not unreasonable for them to check. Unpaid money would be a debt of his estate to her, not really their responsibility, but understandable.

    It appears that they have already eliminated the possibility of any very big payment to her and are gradually edging down the amount they think they need to keep back just in case.
    • masonj3
    • By masonj3 21st Jun 17, 8:23 PM
    • 155 Posts
    • 19 Thanks
    masonj3
    Thank you for your reply xx I think that they should seek clarification from the court rather than his ex wife and in all honesty I don't feel she should receive anything. It's crazy how just 2 years of marriage gives her so many rights - I really disagree with the pension providers actions in all of this. Thank you again for taking the time to reply x
  • jamesd
    Nothing for her is quite likely to be the final value.

    Asking her is probably a good move because she might well tell them that she expected the money to stop. Can ask the court of for bank statements if she lies about getting the money so no need to worry about that bit.

    It's frustrating but they do seem to be trying to do their job quite well.
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