Death Benefit, Am I entitled?

xylophone

If there was a court order as part of the divorce

There was no divorce - the OP has stated that his parents were never married.

The father left the home he was sharing with the OP's mother and his children when the OP and his brother were very young.

The pension appears to have been started while the OP's father and mother were still together - one assumes that if there were any nomination at that time it would have been in their favour.

It would appear that this pension was forgotten by all concerned since it does not seem to have been mentioned when the OP's father was attempting to sell the house - one assumes that the father's widow ( the woman for whom he left his first family (?) )knew nothing about it since she does not appear to have made any attempt to claim it when her husband died - although estranged, she was still his wife.

If the OP wishes to clarify what might be available to him and his mother and brother, he has to contact the insurance company - he also has to accept that the price of this is possibly benefiting the estranged spouse?

azapater

atush wrote: »

OK, your mother and father were never married. So she would get nothing, incl the house if in his name? Is her name on the house at all?

If he married again, you, your brother and the new wife would split all. And this could include your house and having to sell it? But your brother might, as a dependant child, might receive the most?

Get down the the CAB immediately, and get some free advice but you may need a solicitor too. Did your mother ever get maintenance for you both? If not, she could claim back maintenance for his estate.

And this is one of Many reasons you should not have children w/o being married.

It was in her name as well. They had a joint mortgage. The house is now solely in her name with the land registry

atush

that is good as it means there is no claim on it by the wife.

Let us know what the pension trustees say.

pleasedelete

Wouldn't it be simpler just to start by contacting the company and explaining that you have seen the letter but that your father died in xxx. By phone or by letter. Then ask them what you need to do to claim any money due. take their advice. Starting with a long complicated latter may be unnecessary.

azapater

pleasedelete wrote: »

Wouldn't it be simpler just to start by contacting the company and explaining that you have seen the letter but that your father died in xxx. By phone or by letter. Then ask them what you need to do to claim any money due. take their advice. Starting with a long complicated latter may be unnecessary.

Too late I'm afraid. I've written to them.

They'll probably send me some form asking me to detail things again... but I'll keep everyone posted on how things progress.

azapater

Just an update on this.

Having written to them, I've now received a form to fill in.

On the first page there's a checklist of things to include- death certificate etc. However, it also requests a 'Grant of Representation'. It states you don't have to necessarily include one now but may be asked to do so at a later date.

My question is should I endeavour to get one now or wait till specifically asked for one?

Would it strengthen my claim to provide one now?

Thanks

xylophone

'Grant of Representation'

Was there a will? If so, were there executors named?

If not, who dealt with winding up his estate?

See https://www.gov.uk/wills-probate-inheritance/overview

azapater

xylophone wrote: »

Was there a will? If so, were there executors named?

If not, who dealt with winding up his estate?

See https://www.gov.uk/wills-probate-inheritance/overview

There was no will.

Unsure who dealt with the estate, I imagine it was my Grandfather or Aunt who lived together. Can't imagine his wife dealt with it to be honest.

xylophone

Can't imagine his wife dealt with it to be honest.

See link above- you can check whether a grant was issued.

azapater

Just to update this.

The insurance firm have gotten back to us.

They've decided to pay the full amount to his business-owning widow.