Death befor taking pension & ex wife dependant

masonj3

Update does anyone know where I could get more info or legal help from ??

Hi Zurich have written to my mom offering her an interim payment if 200k they say they have traced my dad's ex wife and has written to her asking for information from her and then they will decide what to pay her, they have withheld 48k - am I to presume that that is what they intend to pay her ? From my dads pension plan ? This is so against his wishes ����

atush

CAB, hire a solicitor, or go the pensions ombudsman if you feel you dont agree with their decision.

Getting a copy of the divorce ruling might help? What does it say in the event of his death?

I would have thought any maintenance would have died with him.

molerat

They are probably withholding that amount to be safe, once they have paid out too much to your mum it would be difficult to get it back. It will be an interim payment till they get the facts from his ex. She could possibly discuss it with TPAS as a starter https://www.pensionsadvisoryservice.org.uk/about-us/what-we-do-and-how-we-do-it

LHW99

Check whether your household insurance policy has a legal advice section included.
Some do, so you could phone there to get some initial comments.

masonj3

Thank you everyone xx The court order was very basic and says until death or remarriage (his ex). She never remarried but has co habited since early 80s and her house is jointly Owned - her son works in her partners business as a "partner" and their Website refers to him as a stepchild but cohabiting was never mentioned on the court order so I don't think any of us could be considered even though it implies she wasn't truely financially dependant on my dad. I just think it's a shame that given how hard my dad worked and the fact that he expressed his wishes legally that his wishes can be disrespected - (. I need to try and establish what percentage they would consider his ex wife should be given. Thank you for your thoughts and advice xx

dunstonh

I just think it's a shame that given how hard my dad worked and the fact that he expressed his wishes legally that his wishes can be disrespected - (

Expression of wish on a scheme that allows it are rarely overruled unless it is no longer up-to-date. However, anyone can challenge it and it has to be considered.

In general, I would expect an ex-wife who divorced before the pension was even set up to be unsuccessful in any attempt to overrule the expression of wish.

masonj3

Thank you so much xx. His expression of wish was completed in 2007 his health started to deteriorate a few years after that but we believed that the form should only need updating should his wishes change. The trustees state that his ex wife is considered a financial dependant and a potential beneficiary - she would never have known about the plan until Zurich decided to trace her - now I presume she will apply for the max she can get and I feel only we can fight for what my dad truely wanted xx

dunstonh

The trustees state that his ex wife is considered a financial dependant and a potential beneficiary

Did the divorce settlement make her a financial dependent on him?
was there a clean break?

The key thing is that they are looking into whether she is a financial dependent. If she is, then she would have a case. However, what you describe is not a financial dependent.

Mojisola

masonj3 wrote: »

The court order was very basic and says until death or remarriage (his ex).

cohabiting was never mentioned on the court order

That was an mistake by his solicitor - should have insisted on adding it!

Though it's hard to understand someone who wouldn't get married again for the sake of £4 a week.

masonj3

Thanks again both xx. There wasn't much to settle they didn't own their own home and had zero savings my dad was only instructed to pay spousal maintanemce to his wife at £4 per week and maintainence to his son until he was 18. The only other reference on the court order was about remarriage or death - my dad was very upset at the time and went along with the terms of the court order.

The problem seems to be in the t&cs of how his ex wife is being classed as a financial dependant in pension scheme rules a copy of which I am trying to find in his paper work xx