No will - long lost daughter now on the scene

Ch54856

Hi,
I wondered if you could help. My father in law passed away just over a week ago without leaving a will. My father in law lived in a rented property (for 42 years). My partner has been working hard clearing the property and arranging the funeral. We have found bank statements and we believe there is just enough to cover a basic funeral. We have also found a pension that my father in law wasn't claiming which has surprised us. There are no other assets other than a V reg car which the half sister has asked for and fishing equipment that my partner will have.

My partners half sister is now on the scene. She hasn't had anything to do with her father for around 20 years. She made contact 2 years ago when her dad was admitted to hospital (in am induced coma) but when he recovered and was back home neither had any contact with each other. My father in law didn't want anything to do with her and would probably turn in his grave knowing that my partner told her of his death (my partner though it was the right thing to do).

Obviously the sister is entitled legally to half of the pension and any other change left from the funeral. I suppose my question is Does this have to be the case? Can we fight it in any way due to neither of them having contact for so long? Thanks in advance.

DUTR

What pension? It is up to the trustees of the pension and often they have to prove to be dependant

p00hsticks

Ch54856 wrote: »

My father in law didn't want anything to do with her and would probably turn in his grave knowing that my partner told her of his death (my partner though it was the right thing to do).

The bottom line is that, unfortunately, if he felt that strongly about it he should have made a will to that effect.

However, private pensions are usually set up so as to fall outside a persons estate - as DUTR says it is up to the pension trustees to decide who gets the money, taking in account any expression of wishes that the deceased may have lodged with them.

Ch54856

It's with prudential. The paperwork mentions 'payment upon Death'. We aren't really sure of all the ins and outs. It's all very new to us.

Yorkshireman99

Ch54856 wrote: »

Hi,
I wondered if you could help. My father in law passed away just over a week ago without leaving a will. My father in law lived in a rented property (for 42 years). My partner has been working hard clearing the property and arranging the funeral. We have found bank statements and we believe there is just enough to cover a basic funeral. We have also found a pension that my father in law wasn't claiming which has surprised us. There are no other assets other than a V reg car which the half sister has asked for and fishing equipment that my partner will have.

My partners half sister is now on the scene. She hasn't had anything to do with her father for around 20 years. She made contact 2 years ago when her dad was admitted to hospital (in am induced coma) but when he recovered and was back home neither had any contact with each other. My father in law didn't want anything to do with her and would probably turn in his grave knowing that my partner told her of his death (my partner though it was the right thing to do).

Obviously the sister is entitled legally to half of the pension and any other change left from the funeral. I suppose my question is Does this have to be the case? Can we fight it in any way due to neither of them having contact for so long? Thanks in advance.

If there are just the two children then all the estate is divisible equally between them.No choice! The "pension" sounds like a life policy payable on death. That will be part of the estate and it is up to the penson company todecide who to pay. The car and fishing rods formpart of the estate and may need to be sold to pay any debts. The children have no right to them unless the estate debts have been paid.

Linton

Presumably you have told Prudential about the death. Tell them about the daughter and they will make whatever decision they deem appropriate. As people have said, if it's a pension it's not covered by any will or the intestacy rules.

Ziggazee

"Can we fight it in any way due to neither of them having contact for so long?"


No. Not having had contact is absolutely no valid reason for fighting someone's rightful inheritance. As someone else said, f the elderly chap felt so strongly he would've made a will.