Dependant benefit entitlement??

littletitch100

Hi ,

My ex-husband died in 2009. At the time he was paying £49 a week for our son via the CSA. These payments obviously stopped but I received no further benefit entitlement. I was just wondering if I/my child had any entitlement to benefits as I am now raising our son as a single parent. My ex-husband shared a house with his second wife when he died and I know that he had a pension. His wife has now put this house up for sale. I phoned the pension company some time after he died but they said his wife had drawn everything out as a lump sum and therefore my son was entitled to nothing. Surely my son, as a dependant, should have been entitled to something? I just find it hard to believe that he is left with nothing while his wife is 'swanning' around spending!! Sorry to sound so bitter:) Any thoughts anyone has on this would be most welcome. Thanks

System

As far as I know unless there is specific provision in the pension to pay out to dependants then any payout would only go to the next of kin

Oldernotwiser

Did your ex leave a will?

DX2

Inheritance (Provision for Family and Dependants) Act 1975


This act makes provisions for those who are connected to the deceased but did not receive "reasonable financial provision" from the estate of the deceased via a will or intestacy.


You may be entitled to seek financial provision from the deceased's estate if you are:

1. A spouse or civil partner
2. A former spouse / civil partner provided you have not remarried / entered into a new civil partnership
3. A child of the deceased
4. Any person (not being a child of the deceased) who was treated as a 'child of the family' of the deceased
5. Any person being partly or wholly maintained by the deceased

Claims must be made within 6 months of the date of the grant of representation. The court has jurisdiction to allow claims out of time.
A claim can only be made if the deceased died domiciled in England and Wales.
http://www.contest-a-will.co.uk/inheritance-act-1975.php

System

Looking at the basics.

Pension pays out to surviving spouse or named beneficiary (this tends to be normal arrangement if there is to be a payout from the pension) Does not form part of estate.
House is joint tenancy so goes direct to surviving partner.

This only leaves possibly insurance payouts AFTER any debts are paid. Son would possibly only be entitled to a share of the remaining assets if any .