Intestacy Rules

BobQ

AngelOfTheNorth wrote: »

If he lived in the UK, he didn't have a common law wife because there's no such thing. Such a person would be an unmarried partner, common law spouse is a legally meaningless term here. You're right of course that they or someone else could've been a nominated beneficiary.

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I think this is now overtaken by later posts. At the time I was not clear who the OP meant when she mentioned his family. It is now clear he lived alone. On CLW I stand corrected!

AngelOfTheNorth

In theory also a person could nominate a partner they don't live with?

Savvy_Sue

AngelOfTheNorth wrote: »

In theory also a person could nominate a partner they don't live with?

My understanding is that (at least for pensions) you can nominate whoever you like. However it's not set in stone that they'll receive it, it's treated as an expression of wishes, and the trustees of the pension fund can ignore them. I don't think they do that very often, or lightly!

I know you can nominate more than one person, eg your children.

Rose1988

Thanks all for your input. I have called the workplace and asked if he nominated anyone. I am just waiting for a callback today.

I am just extremely FURIOUS that yesterday was my dads service before my dads body was sent back home and instead of attending his service, his mum unexpectedly turned up at his workplace requesting money to repatriate his body and telling them they were wrong to accept my notification of death as I was wrongly named next of kin.

It was so embarrassing hearing this at the service from my dads late boss. He managed to attend the service after meeting her and she didn't.

I must say part of me hopes he nominated someone else to receive the benefit so his mum and brothers can leave me the hell alone! She didn't even need the money! I have paid for it out of my own pocket. All she needs is money for her air ticket to bury her son. I understand I should really have taken the money from his estate but I knew what my dad was like and went into this knowing he most probably won't have money and it's okay. If I get it back then great, if not then not to worry.

What worries me is his mother starting unnecessary legal proceedings against me so she can aim any money he may have been entitled to. His boss told me that's her next step so I may seek advice from the CAB now to see if she has any precedence anywhere

Rose1988

AngelOfTheNorth wrote: »

In theory also a person could nominate a partner they don't live with?

Yes this is correct as I remember nominating my son whom I live with but also my two sisters and mother who I don't live with

BobQ

Rose,

Sorry to hear the latest re his mother's intervention.

Whatever she says, you (and the other sister if she exists and is his daughter) are the persons entitled to claim any proceeds from the estate unless there is a Will somewhere. A nomination form in your favour would be clear cut, but otherwise the other daughter needs to prove her claim.

Under the rules of intestacy Mum is not entitled to anything. I would write to the PCSPS Administrators (not the employer) and state that you wish to claim the money as his daughter, making it clear that you have been told that he may have another daughter living abroad and will be trying to contact her.

The address is

MyCSP
PO Box 2017,
Liverpool,
L69 2BU

Rose1988

Thanks,

I think I'll get a letter sent out today

BobQ

Incidentally, you do need to keep chasing MyCSP, suggest sending letter by signed for service initially.

Rose1988

Hi all,

I didn't want to start a new post so I thought i would add to my existing post.

I need help about this situation which has become very stupid but until Monday when a law firm opens, I don't know what to do and would really like to seek the opinions of others that may help point me in the right direction because my mum keeps winging for me to calm down as I am pregnant but I simply can not.

Without going into the fine details, my grandmother has apparently started legal proceedings against me because apparently it was my dads father and me that were 'both' listed as next of kin and I shouldn't be receiving the money from his workplace.

So now I am sitting here thinking...do they really have precedence? How can I prove I was next of kin? I was replaying the call I received from the missing persons unit and I remember them saying he listed me as next of kin and not emergency contact (I had to check I didn't get it wrong myself).

This death has really tortured me psychologically and I think keeping it in wasn't doing me any good and just wanted to know if anyone has witnessed or been in a similar situation and can recommend the next person I should be talking to.

Savvy_Sue

The thing is, you can give anyone's name as 'next of kin': it doesn't have to be your spouse or your nearest blood relative.

And on a workplace pension / death in service benefit / insurance policy to pay out on your death you can also name anyone you like: it doesn't have to be your spouse or your nearest blood relative.

So it's entirely possible that someone other than you is named on this workplace benefit. But if that's the case, why are your dad's workplace even talking to you? Or discussing making the payment to you?

And if you haven't yet received this money, what's the point of Grandmother taking legal action against you? What are you supposed to have done? Even if you've put a claim in, the money hasn't been paid out, and unless you're the only person named (in which case you're entitled) it's unlikely the money WILL be paid in full to just one of those named.

So for now, do as your mum says and try to calm down, think about other things because there is nothing you can do until Monday. And on Monday the first person I would speak to is his workplace, and ask who is named on this benefit.

If it is both you and your grandfather, then each of you is entitled to half the payment. Not your grandmother, not your newly-discovered sister, but the people named on the paperwork.

However I've just re-read the whole thread, and it appears it's unclear whether or not there was a named beneficiary. So this earlier post becomes very relevant (my emphasis):

BobQ wrote: »

That said, as with any pension payment, the beneficiary depends on the trustees and is not necessarily part of his estate. They may pay it to a named beneficiary (by him having completed a nomination form), the obvious NoK, or if they are uncertain to the estate.

I really don't see what you have to worry about with your grandmother taking legal action. If that's what she wants to do, let her get on with it. I don't know how she is contacting you, but if it's by phone, ignore her.