Discovered finances

Yorkshireman99

securityguy wrote: »

Well, as of a couple of years ago that isn't quite so obviously true.

The gory details here:

https://www.kingsleynapley.co.uk/insights/blogs/private-client-law-blog/the-eu-succession-regulation-now-in-force-how-will-it-affect-you

A rather more detailed explanation of the current position is given here.

http://www.step.org/sites/default/files/Policy/Succession_Regulation_FAQs.pdf

Of course this is likely to change post Brexiit.

kazza169

They weren't interested as we didn't have a death certificate, any contact with her husband or any idea of how to get in touch with him or if he's even alive or that's my understanding as they spoke with my sister in law!
Will speak with Hsbc tomorrow as we now know that is where the pension overpayment was made & see what they say. It's all one big mess that I don't think is going to be easy to solve but got to try!

TBagpuss

kazza169 wrote: »

Hi, my MiL passed away just over 3yrs ago in Spain (where she lived) She had been married just shy of 2yrs at the time so her husband dealt with all the finances etc. It now transpires that he didn't deal with anything from the uk.
About 6mths ago we received contact from both a pension company who weren't aware of her death & someone looking to track down next of kin due to money being left (will hunter company)
We have been trying to get in touch with her husband as he also had her death certificate but we have had no contact back & due to him living in Spain but also working around the globe & not being in great health last time we spoke (about 2.5yrs ago) we don't know if he has also since passed.
I have now managed to get the death certificate by going to the Spanish civil offices but does anyone know if we will have any issues dealing with all the finances that we have found in the U.K.?
Any advice/help would be appreciated.

Since your MIL was married, I'd suggest that you simply notify the pension company of that, and let them have the contact details you have for her husband. Even if he has since died, as he survived her, he would be entitled to her estate and it would then be part of *his* estate when he died.


Unless the sums involved are over £250,000 then there would be nothing for your spouse or their siblings, and even if there is more, the husband is still the person entitled to apply for letters of administration of there is no UK will.

kazza169

To he honest we're not interested in any money if there is any - doubt there will be much knowing how she was with her finances we just want it all dealt with & shut down now!
I know we could technically palm it off on the husband but doesn't feel quite right plus if they can't contact him or he has died it'll just come back out way anyway so might as well try sort it now!

badmemory

Are you talking about a pension already in payment, a pension which was overpaid due to not being notified of the death (which may still have some benefits due after the overpayment is refunded) or a pension which has not been taken which could have a nominee who is not the husband?

kazza169

A pension which had overpayments due to not being notified of the death, it's a spousal pension so there will be no benefit for us.
I just want to shut the bank account down it went into & pay the amount owed back as they have all our details so I just want it sorted.

Savvy_Sue

I think I'd write to both pension and bank, and say that you have no legal authority to deal with the matter. It is possible the bank will release the overpayment to the pension company. You can give what details you have for FIL and leave them to it. Resist all requests to deal with it yourselves!