Advice really needed - death of partner

spirited111

Hi, I'm hoping someone can help as I'm feeling very lost and confused .. my partner died intestate 8 weeks ago. There is no property; only joint bank accounts which have passed to me, a dependents pension and a small annuity which is guaranteed for the next 5 years. Although he believed I would be the beneficiary of this, under the rules, the beneficiary is his next of kin. I am eligible to make a claim under the 1975 Act but have no idea how successful this might be.
He also had a credit card debt and on legal advice, advised the bank concerned that there was no estate (the bank accounts and dependants pension fall outside of this) and therefore no funds from which to repay the debt. I saw a solicitor a few days ago who has confirmed that my action was correctly within the law. At this stage, I have received nothing except the small amount of savings we held in the bank accounts.


However, now I'm worried about the annuity and the questions I desperately need answers to are as follows: -

1. If my claim is successful, does this become my partners estate from which I then have to pay the credit card debt?
2. If my partner's next of kin administers the annuity (I am unable to by law as a cohabitee only), can I become a creditor? The solicitor thinks I can because I have paid the cremation costs etc. If I am repaid, along with the credit card debt, there would nothing left of the annuity and this raises my worst fear (Q3)
3. I have been told by the Citizens Advice Bureau that the next of kin can also claim 50% of the joint bank accounts. Is this correct?

All I have to keep me afloat is my job and the savings we had. I was largely financially dependent on my partner and have already moved home to cut my cost of living, so I am absolutely terrified that if there's nothing left of the annuity, they will claim against the savings.


I am also scared of this 'meddling' that I've just read a little about. I can't afford to run up solicitors fees and I want to ensure that I act correctly within the law, but I just don't know which way to turn or what to do for the best..


I'm feeling anxious and desperate over all of this and just hoping someone can provide some answers please ... over to you.


Thank you.

Mojisola

spirited111 wrote: »

I have been told by the Citizens Advice Bureau that the next of kin can also claim 50% of the joint bank accounts. Is this correct?

No, it isn't. When two people have a joint account, they both own all the money in the account. When one dies, the other still owns all the money - it isn't part of the deceased's estate and can't be claimed by anyone else.

Savvy_Sue

Just checking (and sorry for your loss) - are you in Scotland?

And what relationship to your partner is the next of kin?

spirited111

Thank you for your reply. I'm in England and the next of kin is my partner's sister.
My partners death was very sudden and totally unexpected and she has shown so little interest in anything, that to date she is unaware of the annuity - I expect her husband (who my partner absolutely loathed) may be a little keener though.