Deceased Partners Pension

cherry123_2

Hi,

I am looking for a bit of information and if you guys could help at all id be grateful. This is my query.

My Ex partner died just over a year and a half ago, we lived together for nearly eleven years having three children, when he was working he paid into a private pension scheme which I am sure I was named on as beneficary, as we were no longer together would I still be entitled to it for the children, I have managed to trace his pension details from the DWP and have sent off for more information regarding the scheme he had. I had no maintenance payments from my ex or any other help for that matter and I am now left with raising three children more or less on my own.

thanks

atush

If he had not changed his declaration you would still be in line for a payout. If not, his children could apply as you were not married you don't have any legal rights but they do.

Who wound up his estate? Did the children inherit anything? Did he marry?

dunstonh

as we were no longer together would I still be entitled to it for the children

Nominations are always subject to trustee approval and they can and will override nominations that they think are out-of-date due to change in circumstances. They would look at his situation on death and decide there. If he had a new partner/spouse then they typically would get priority. Children could have an impact but that would depend on any settlements in place in other areas (e.g. life assurance etc)

cherry123_2

thank you for your replies as far as I know he did not change the beneficary to any other person he did not remarry or have another partner and there was no will left as he died suddenly, his parents emptied his bank account not long after his death and he had no other assets. He also had no life insurance either.

dunstonh

his parents emptied his bank account not long after his death and he had no other assets.

That may have been unlawful. The distribution of assets typically goes down to children before it goes up to parents.

xylophone

http://www.hmrc.gov.uk/cto/customerguide/page14-1.htm

cherry123_2

Thank you, again for your replies they said they had used the money to pay for his funeral costs but I know that his grandma paid for them and would not have taken any money he had in the bank from her great grandchildren.

When I get a response from the pension what do you think my options would be. I dont want any money to be given to his parents and as our children are young will it be up to me to sort out on there behalf. As it stands he did nothing for them,left me in a heap of debt and I would like it if my children at least could gain something or could his parents step in and take it.

Im confused and I have left it a while to sort as his parents had no idea he had a pension, I dont want to be sly doing it but I know what will happen if I do.

thanks cherry

cherry123_2

and xylophone, thank you that link was very useful

NAR

You would probably be best using a solicitor to write to his parents, asking for details of the bank balance removed from his account. Get solicitor to point out that these monies should have been distributed to his children under intestacy law and await response.