Next of kin?

kev25v6

They have told her employer not to give the money to her already, she tried sending the form off to them to claim it. She had his bank card and knew his pin so emptied the account days after him dying. His card has now been stopped for the last wages to go in. It's now a case of who the money goes to, his parents or his son. I'll get them to find out who is named on the DIS paperwork.

Yorkshireman99

kev25v6 wrote: »

They have told her employer not to give the money to her already, she tried sending the form off to them to claim it. She had his bank card and knew his pin so emptied the account days after him dying. His card has now been stopped for the last wages to go in. It's now a case of who the money goes to, his parents or his son. I'll get them to find out who is named on the DIS paperwork.

Using the bank card in that way is a criminal offence. Has the bank been notified of the death? It might be possible to get the bank to refund and let them chase her for the money. Also has the coroner been made aware that she is not the wife? Personation is also a criminal offnce.

SevenOfNine

It's possible the trustees retain some discretion regardless of who may be named on the DiS nomination (in case it's girlfriend or the little boy alone).

Ours clearly stated "as the nomination form is over 3 years old we would be grateful if you & your family would give some consideration as how you would prefer the lump sum to be distributed & advise accordingly. The trustee company will then take your views into consideration when reaching a decision".

Malthusian

With pension death benefits or death in service benefits, the trustees virtually always retain complete discretion. If they don't there is a potential tax issue.

Naturally the fact that they have complete discretion doesn't mean they wouldn't usually follow the member's expression of wish - although it sounds like there wasn't one here. It just means that if the expression of wish nominates the ex-wife from whom the deceased divorced three years after signing the form, they don't have to give her the money.

It is good to hear that the OP's family has been in contact with the death in service trustees because there is a real possibility that they may have paid her at least some of the money if she'd asked them in the right way and not been challenged. I was his long-term partner, we had a child, we need the money to feed and clothe his son, etc etc.

kev25v6

The bank know about it and are starting a fraud investigation into it. They have said that the parents will be next of kin for any inheritance. There is no one named on the DIS policy though.

getmore4less

TBagpuss wrote: »

Assuming that your relative had not named anyone as the beneficiary for his death in service benefits, then under the intestacy rules his child inherits.

There are rules about how money can be invested for a child and it is usual to have a trust with 2 trustees. You also need 2 people to apply for the letters of administration. Your relative's parents would be the obvious ones to do so.

As your relative wasn't married to the child's mother, she isn't entitled to apply.

The Childs parent or guardian can apply on thei behalf.

Get a caveat in ASAP sort out responsibility for the child then deal with estate

getmore4less

kev25v6 wrote: »

The bank know about it and are starting a fraud investigation into it. They have said that the parents will be next of kin for any inheritance. There is no one named on the DIS policy though.

If that means the deceased parents then clearly not as they had issue(child).