NHS Pension Advice needed

gunja99

Hi all. Sadly my fiancee was tragically killed in a car accident a few months back, and we're slowly trying to sort things out.

She worked for the NHS, and has a death in service payout and ongoing pension.

Check page 4 and 5 here: http://www.nhsbsa.nhs.uk/Documents/Pensions/Survivors_Guide_(V2)_08_2014.pdf

If there is no legal spouse, registered civil partner, qualifying partner or nomination, the Death Lump Sum will be paid to the Estate. Note: if the amount is £5,000 or more NHS Pensions will request sight of a Grant of Probate or Letters of Administration before the lump sum is paid.

Now apparently qualifying partner means spouse or civil partner (well why list it then?! as already listed those). And no nomination. Although she had always told me that her sister was the nominated person (no way her dad should and would get her money I know this). So it's going to go to the estate, which has debts! The only thing about qualifying partners is on page 5 about the ongoing pension (separate from lump sum payout), which I believe I will get and is in hand, so asking only about lump sum here.

I have email conversations, and had a number of conversations with her over the years, that the money would go to her sister, and the pensions people said we 'could' appeal, but that'll add months to the process. She would NEVER have left her money with her dad, no way, so I can't see anyway she'd have not done the nomination, obviously there's always tomorrow, but she was quite organised with these things and I truly believe she'd have nominated that.

Also I sent off a letter to SBS (the private firm that deals with pensions and salary), and it didn't arrive, so proof they lose paper work.

The family and myself get on well, and we've agreed where the money will go, and her father WILL sign a dead of variation to her sister anyways. There's no 'real' arguments between us, but we'd like this money to stay away from the debts if at all possible. Also is there any advice on how to get debts of the deceased written down?

Thanks all.
Advice please, especially from anyone who's had to deal with NHS pensions before.

Yorkshireman99

gunja99 wrote: »

Hi all. Sadly my fiancee was tragically killed in a car accident a few months back, and we're slowly trying to sort things out.

She worked for the NHS, and has a death in service payout and ongoing pension.

Check page 4 and 5 here: http://www.nhsbsa.nhs.uk/Documents/Pensions/Survivors_Guide_(V2)_08_2014.pdf



Now apparently qualifying partner means spouse or civil partner (well why list it then?! as already listed those). And no nomination. Although she had always told me that her sister was the nominated person (no way her dad should and would get her money I know this). So it's going to go to the estate, which has debts! The only thing about qualifying partners is on page 5 about the ongoing pension (separate from lump sum payout), which I believe I will get and is in hand, so asking only about lump sum here.

I have email conversations, and had a number of conversations with her over the years, that the money would go to her sister, and the pensions people said we 'could' appeal, but that'll add months to the process. She would NEVER have left her money with her dad, no way, so I can't see anyway she'd have not done the nomination, obviously there's always tomorrow, but she was quite organised with these things and I truly believe she'd have nominated that.

Also I sent off a letter to SBS (the private firm that deals with pensions and salary), and it didn't arrive, so proof they lose paper work.

The family and myself get on well, and we've agreed where the money will go, and her father WILL sign a dead of variation to her sister anyways. There's no 'real' arguments between us, but we'd like this money to stay away from the debts if at all possible. Also is there any advice on how to get debts of the deceased written down?

Thanks all.
Advice please, especially from anyone who's had to deal with NHS pensions before.

If the money is paid to the estate then it has to be taken into account if there are debts. Somebody will need to apply for letters of administration. Whilst it may be possible to get some debts written off the executor, or administrator, cannot legally avoid pay any remaining debts off by using the device of a DOV. That would be fraudulent and could result in a prison sentence for all those involved. .

gunja99

Yorkshireman99 wrote: »

If the money is paid to the estate then it has to be taken into account if there are debts. Somebody will need to apply for letters of administration. Whilst it may be possible to get some debts written off the executor, or administrator, cannot legally avoid pay any remaining debts off by using the device of a DOV. That would be fraudulent and could result in a prison sentence for all those involved. .

Thanks for the reply. I understand this. We've had to apply for LOA anyways, as the car insurance won't pay out without it, we're just hoping to try and appeal to get the big money (lump sum) out of the estate, and hoping someone had experience with the NHS pension.

With regards to debts written down I started a seperate thread (here https://forums.moneysavingexpert.com/discussion/5375192) with regards to how do you proove a debt is written off, or even exists. I've been reading around and noticed the London Gazette, does the person applying for LOA/acting as executor have to write to everyone possible to check if debts existed (she had hidden away from a lot of them, and were still at previous addresses)

Yorkshireman99

gunja99 wrote: »

Thanks for the reply. I understand this. We've had to apply for LOA anyways, as the car insurance won't pay out without it, we're just hoping to try and appeal to get the big money (lump sum) out of the estate, and hoping someone had experience with the NHS pension.

With regards to debts written down I started a seperate thread (here https://forums.moneysavingexpert.com/discussion/5375192) with regards to how do you proove a debt is written off, or even exists. I've been reading around and noticed the London Gazette, does the person applying for LOA/acting as executor have to write to everyone possible to check if debts existed (she had hidden away from a lot of them, and were still at previous addresses)

Who is the administrator? The crucial thing is that the administrator has to behave honestly and make a reasonable effort to establish what the debts are. Publishing a notice in the London Gazette about notifying debts protects the administrator but debtors could still go after the beneficiaries. Since it seems that you are aware of debts at other addresses then they will have to be included in the estate accounts. From what you say the estate may be insolvent without the lump sum. If it is, and from what you say the administrator has what is technically known as "intermeddled" in the estate they could end up being personally liable for the debts.