Death in Service and probate

tiggerbodhi

Hi,
Quick background- daughters mother died, she had a civil service classic pension, the Death in service payment has a nomination form completed in my daughters name.


The forms to claim this from the CS pension scheme is asking for probate to be completed to allow the payment.


We were led to believe that Death in Service payments do not form part of the estate if they are direct payments to a nominated person, is this correct?


The probate office want to know why we are applying for probate for the Death in Service benefit if it doesn't form part of the estate, when told "because the CS pension scheme asked for it" the reply from them was we need to see a letter from the CS Pension scheme as to why they want probate if it is a direct payment.


If this isn't classed as a direct payment we assume it is part of the estate?


So the question is: is a CS Death in service payment direct payment or does it form part of the estate?


if it doesn't form part of the estate how do we prove this to the Probate office?


if it doesn't form part of the estate hoe do we get the CS pension scheme to payout without probate as the probate office are saying we don't need to apply for probate?


Thank you in advance for any advice!

Grumpygit

I appreciate that the law is different (am in the Channel Islands) but when a family member died and I was Executor and they had a Civil Service death in service payment, I had to get probate (even though the estate wasn't substantial (no property)) before the payment could be made, so it seems that it isn't unusual.

g6jns_2

tiggerbodhi wrote: »

Hi,
Quick background- daughters mother died, she had a civil service classic pension, the Death in service payment has a nomination form completed in my daughters name.


The forms to claim this from the CS pension scheme is asking for probate to be completed to allow the payment.


We were led to believe that Death in Service payments do not form part of the estate if they are direct payments to a nominated person, is this correct?


The probate office want to know why we are applying for probate for the Death in Service benefit if it doesn't form part of the estate, when told "because the CS pension scheme asked for it" the reply from them was we need to see a letter from the CS Pension scheme as to why they want probate if it is a direct payment.


If this isn't classed as a direct payment we assume it is part of the estate?


So the question is: is a CS Death in service payment direct payment or does it form part of the estate?


if it doesn't form part of the estate how do we prove this to the Probate office?


if it doesn't form part of the estate hoe do we get the CS pension scheme to payout without probate as the probate office are saying we don't need to apply for probate?


Thank you in advance for any advice!

Usually DIS payments to a nominated person are not part of the deceased's estate. All that should be needed is the death certificate not probate. I would phone them and ask them why they need probate.

tiggerbodhi

Hi,
Thanks for the replies, we have contacted the pension office to see why they want probate as the advice is that it is not needed, although from previous experience Insurance companies and Pension schemes ask for probate as some sort of a$£e covering exercise.