peoples true colours when theres money involved!

Violetta_2

Sorry for your loss mumof3kids. Had your dad not updated who was nominated to receive his death in service payment? I know in my job we have to nominate who we want to receive it then put it in writing when we wish to change it (as I did when my daughter was born). Was he in a Union wonder if they could maybe help in some way.
I know this is a moneysaving website but it turns my stomach when you hear what some people turn into when they think they can get some money out of a death.
My own mil basically told my hubbie he would be rich when his uncle died, he didn't believe a word of it. There was a lot less money than she thought and what made her really crazy was that her brother got a share because he was adopted she didn't believe he should get a penny.
I'm all for saving money but greed is just evil.

ETA took so long in typing my response Errata summed it up in 1 sentence.

Errata

I think if the wife is the nominated person the pension fund can't not pay her the DIS payment. Any arrangement the husband and wife make outwith the pension fund is a private arrangement and nothing to do with the Trustees of the pension fund who have to abide by the rules of the fund.

mumof3kids

thanks violetta and errata
my dad worked for the nhs and 6 months before he died he had to sign a "in case of emergencies please contact ..." form, putting his estranged wife down as she was closest, according to the nhs this is an automatic default form for your pension!
thats like me putting my next door neighbour down as in case of emergencies please contact, doesn't mean i would want my pension going there!
mumof3

Errata

OP - please read this http://www.nhsbsa.nhs.uk/Pensions.aspx
I don't think the emergency contact has anything to do with NHS Pensions service. Can you go through your dad's NHS Pension documents looking for copies of anything that he's signed and any changes he might have made?

mumof3kids

thanks errata
i will have a look through the documents again and see if i can see anything

SkintGypsy

Is it definitely the pension fund that pays the death in service, cos I thought it was the company. In which case, might it be worth obtaining a copy of his work personnel file to see if there is an updated form? If he went to the trouble of protecting his pension, I would have thought he would have covered all bases?? It amazes me how some people have no morals or shame!

mountainofdebt

I have some experience which may help you OP.

I used to work for a pensions company so was involved in these sort of issues. Now when your dad joined the scheme, he would have been asked for a form of nomination stating who - and in what %ages - he wanted any death in service to go. Now the final decision would lie with the Trustees of the Scheme but I've never known the Trustees to go against what the member wished. Hate to say it but I think this is one thing your dad may have overlooked - he wouldn't be the first to do this as there was a really high profile case near me where the ex-girlfriend got £100K when the deceased died and his mum, I think, took the matter to court but didn't get the decision reversed.

In addition, when FIL died he had been living with a woman for about 3 years and the solicitors who were acting as executors were told by the pension trustees that there was no payment due to the estate.

OH was understandable upset but due to hassles created by this woman, left the matter. It was only a chance conversation that I had with a financial advisor a year later that lead to a letter (which he kindly drafted) being sent to the trustees .....a fortnight later OH and SIL received payment from them - turns out they had written to this woman asking for contact details but she hadn't had responded.

Errata

I think because DIS payments go to a nominated person or persons or an organisation they are outwith the estate in the same way as insurance policies taken out in favour of someone are.

paddy's_mum

If his Death in Service payment is due to his widow, then they cannot refuse it and she is entitled. Sorry if that upsets anyone but that is the legal and lawful position.

The administrators of the fund might well say that if your father chose not to divorce her, with all the fairplay and settlements that an action for divorce involves, who are they to over-ride the wishes of a man and his (still lawfullly married) wife?

I do understand the OP's views and sympathise but surely it was for her father to resolve the uncertainties of his marital situation long ago, not leave it to his heirs/executors to resolve (possibly with huge upset) after his death.

yummymummy79

Can't be any practical use, but I can sympathise with your situation as my family are going through something similar. Grandad died 2 years ago, money was to be split between 5 of us, but because 3 of them borrowed more against the house than we (unofficially) agreed was OK, there is now no equity left so me and my mum end up with no extra (I'd already borrowed a few grand from house so not so bad, but she's had nothing at all). Add to that the fact that my parents lent my auntie / cousin £15k which looks like will never be paid back, and in my mind I have removed the existence of that side of the family as they are just selfish greedy money grabbers who add nothing but take plenty away from mine and my parents' life.