death in service benefit

springs64

Hi, my partner died suddenly last month. He had cancer, but we were expecting him to have longer. He was on the point of getting a financial agreement with his wife (he left her just over 2 years ago) but it was never signed and he didn't get divorced. This has left me in a difficult position, on top of being bereaved and missing him so much.

He has a civil service pension but died before taking it. He nominated me and his three children to receive the death in service benefit, and his wife will get the bulk of the pension. Her lawyers have just written to mine demanding to know who is getting the lump sum, and I have a feeling they will want to contest the nominations. Presumably just mine as hopefully she wouldn't want to take her chikdren's share. She also wants maintenance from the estate even though she is due to get 40% of it, as well as keeping their house (not part of the estate).

I am worried that we are going to end up with a long legal battle if she tries to contest the death benefit, and I really need the money to move on. Is it possible for her to take my share, or is it 'written in trust'? My partner didn't want any of this, he was trying to be fair to everyone by the terms of his will, and knew the pension would be given to her anyway.

ChopperST

Hi and I'm so sorry for your loss.

Do you have any legal protection with your house insurance? Obviously a very difficult time for you and you dont really want to be dealing with this right now. If you have some sort of legal protection policy then you would be able to get your own solicitor to advise you what your rights are.

Providing all is present and correct with the death in service benefit then I would assume that is ok, however as they were still technically married then she still does have claim on his estate.

I certainly would seek the guidance of a specialist solicitor here.

somethingcorporate

Brilliant advice from ChopperST, seek legal advice and if you have cover on your home insurance this would be an excellent place to start.

Andy_L

My condolences on your loss

The death in service lump sum is outside the estate, so cannot be contested by any claim of inheritance/will variation. The trustees of the pension scheme can go against your partners declaration of intent (ie who it should be paid to) but only if it is, morally, "wrong". eg he'd left it all to the local cat's home rather than his 3 dependant children (how old are they? <18 dependants living with his wife or adults?)

The only way she can claim maintaince from the estate (assuming your husband had disinherited her in favour of you/his children?) would be to contest the will.

Were I you, I would give her lawyers the contact details for the CS pension scheme and not communicate directly with them about the death in service lump sum. The trustees are paid to sort these things out so let them deal with the stress & earn their money

NAR

As they were not divorced his wife will receive the Widow's Pension and his children will receive Dependent's Pension (where appropriate). You are his Nomination for his lump sum Death in Service. If properly witnessed and lodged with Pensions Branch in HR, I cannot see this being overturned.

When I seperated, and before I was divorced, I changed my Nomination to my sister in Trust for my two children. I had a seperate, witnessed, document detailing the Trust. My Pensions Branch, HR, were content to accept it.

I totally agree with Andy L refer the solicitors to Pensions Branch.

springs64

Thanks to all who replied. I've been in touch with my solicitor, who is working on the executry side of things. He doesn't think there should be a problem with the death benefit, but he has referred me back to his colleague who was dealing with the divorce to check and I haven't heard back from him yet.

For info, the children are not dependents, they are all in their 30s, and the wife has not been disinherited as she is getting 40% of the estate. I should also say that we are in Scotland so the law is slightly different.