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Dad Recently Passed Away with No Will

edited 3 June 2016 at 10:41PM in Deaths, Funerals & Probate
102 replies 17.8K views
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  • mum2onemum2one Forumite
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    chrisb1357 wrote: »
    Hi Finst,


    Are you taking about the refund of contributions from my dads private pensions he had. We are waiting to here back from them all still.


    One has responded and Yorkshireman said this about it "The spouses pension should be payable to your mum immediately. The refund of contributions will form part of the estate."


    Many Thanks


    The pension may pay out one of two ways ...dependant on there terms applied to the pension,

    1. A lump sum which becomes payable to your mum (known as a death in service award, generally for under 65yrs old)

    or

    2. Monthly pension - a % of what your dad would have recieved had he been claiming the pension.

    ..........
    Re TAx office - another thought

    *Again this what happened to me

    Dad got a private pension once a month, he was taxed on that, The pension company / tax office - wrote to me confirming the earnings from 1st April to date of death his earnings and tax paid - which was correct that there is no tax owing.

    Basically should be the same for you.

    Eg Tax code 1000 (letter) that means in yr can earn 10,000 before income tax, this is then divided into weekly / monthly allowance so tax gets spread even through out they year.

    ...
    Another thought - Your mum may well be entitled to "bearvement pension (use to be called widows pension) based on NI contributions of your dad.

    This gets paid for upto 52 weeks a yr... The DHSS will take care of all this, be sent automatically to your mum. You would then need to notify ESA when this arrives,

    It can up to £115 a week,
    xx rip dad... we had our ups and downs but we’re always be family xx
  • chrisb1357chrisb1357 Forumite
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    With regards to the beavement pension for a year we have allready applied for this and the £2000 allowance. I was told this is both means tested but am not so sure.

    I guest when mum gets death in service the ESA and other benifits will stop.

    Another question for funral invoice can my mum just pay that out her death in service or should it come out the estate
  • mum2onemum2one Forumite
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    chrisb1357 wrote: »
    With regards to the beavement pension for a year we have allready applied for this and the £2000 allowance. I was told this is both means tested but am not so sure.

    I guest when mum gets death in service the ESA and other benifits will stop.

    Another question for funral invoice can my mum just pay that out her death in service or should it come out the estate

    Becuase your dad was under 65, the £2000 should be sent automatically, be sent to your mum, I would cash it and pay it off the funeral, my friend lost her husband 18 mths ago as he was under 65 - she was sent the payment didnt need to apply (you can always ring dhss to ask whats happening)

    The rest of the funeral, its how you want to pay it, technically estate pays it, if not enough in the estate - then this comes out of the death in service money.

    Once the funeral has happened, then your get the final bill from the funeral directors - touch base with them when you get the bill, just to say were waiting for x,y,z to come through to pay for it.

    Once your mum gets any money related to your dad - money that is owed will need to come out of this (get receipts) when you inform the DHSS - to show where deductions have gone.

    x
    xx rip dad... we had our ups and downs but we’re always be family xx
  • FinstFinst Forumite
    146 posts
    chrisb1357 wrote: »
    Hi Finst,


    Are you taking about the refund of contributions from my dads private pensions he had. We are waiting to here back from them all still.


    One has responded and Yorkshireman said this about it "The spouses pension should be payable to your mum immediately. The refund of contributions will form part of the estate."


    Many Thanks

    Yes. I don't believe Yorkshireman's comment to be correct necessarily. Refunds of contributions on a "death in deferment" are usually under the rules of the pension scheme paid to whoever the Trustees choose (they have discretion over where the payment goes). In practice, many trustees will by default pay the refund to the estate, but there is no reason why you couldn't request this is paid directly to your mother, if there is a possibility it would otherwise end up being used to pay off debts.
  • chrisb1357chrisb1357 Forumite
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    So basically she may well just pay it all out her own instead of the estate as either way its going to get paid anyway and there may not be enough in the estate to pay for it. Is that correct.

    Visited council offices today and all forms done. They are fast tracking the forms so a weeks time we should know.

    Other forms completed for pensions and sent off today.


    mum2one wrote: »
    Becuase your dad was under 65, the £2000 should be sent automatically, be sent to your mum, I would cash it and pay it off the funeral, my friend lost her husband 18 mths ago as he was under 65 - she was sent the payment didnt need to apply (you can always ring dhss to ask whats happening)

    The rest of the funeral, its how you want to pay it, technically estate pays it, if not enough in the estate - then this comes out of the death in service money.

    Once the funeral has happened, then your get the final bill from the funeral directors - touch base with them when you get the bill, just to say were waiting for x,y,z to come through to pay for it.

    Once your mum gets any money related to your dad - money that is owed will need to come out of this (get receipts) when you inform the DHSS - to show where deductions have gone.

    x
  • Important update! We have recently reviewed and updated our Forum Rules and FAQs. Please take the time to familiarise yourself with the latest version.
  • chrisb1357chrisb1357 Forumite
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    So is that not causing issues for the creditors that need to be paid if they was to pay mum and not the estate. Could they still chase mum for the payment known she has the money

    Finst wrote: »
    Yes. I don't believe Yorkshireman's comment to be correct necessarily. Refunds of contributions on a "death in deferment" are usually under the rules of the pension scheme paid to whoever the Trustees choose (they have discretion over where the payment goes). In practice, many trustees will by default pay the refund to the estate, but there is no reason why you couldn't request this is paid directly to your mother, if there is a possibility it would otherwise end up being used to pay off debts.
  • mum2onemum2one Forumite
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    chrisb1357 wrote: »
    So basically she may well just pay it all out her own instead of the estate as either way its going to get paid anyway and there may not be enough in the estate to pay for it. Is that correct.

    Visited council offices today and all forms done. They are fast tracking the forms so a weeks time we should know.

    Other forms completed for pensions and sent off today.

    Swop u council offices, ours said 8 to 10 weeks.... Basically ur mum will get the whole money (unless ur dad decided to leave it all to dogs home) whether it went to the estate or your mum the funeral comes 1st.


    As for creditors coming after your mum they will only do that if any debts are in joint names, if mum was a 2nd card holder on a credit card she is not liable.

    With us my dad had about 10k credit card debt over 2 cards the one is with his bank they wrote the debt off there and then when I took the death cert in. His other card - they've been really understanding, just sent death cert and covering letter xx
    xx rip dad... we had our ups and downs but we’re always be family xx
  • MojisolaMojisola Forumite
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    chrisb1357 wrote: »
    So basically she may well just pay it all out her own instead of the estate as either way its going to get paid anyway and there may not be enough in the estate to pay for it.

    If Mum pays it out of her money, then there will be more money to pay off the debts. Basically, she will be using her money to pay off his debts.
  • mum2onemum2one Forumite
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    Mojisola wrote: »
    If Mum pays it out of her money, then there will be more money to pay off the debts. Basically, she will be using her money to pay off his debts.

    I see where ur coming from but if there's not enough in the estate and mum gets pension then it would need to come out of that,

    Once u get a figure off any insurance which forms the estate , funeral 1st X
    xx rip dad... we had our ups and downs but we’re always be family xx
  • getmore4lessgetmore4less Forumite
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    Don't pay off debts with anything yet.

    When you have a measure of estate funds then decide what to do.

    If more than the debts it won't make any difference but some may right them off anyway.
    If close but a bit under it may be worth just paying them to save a lot of admin work.

    If well under prorata payments but that can be delayed till after a notice or just let the creditors deal with it

    There will come a point where you will be administrator(if you want or do certain actions) rather than just going through an investigate process.
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