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Legal Rights

13

Comments

  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    sheramber said:
    keep -pedalling's   question is  relevant.
    Was your mum still married to your dad when he died?
    If so, she would be included in the inheritance.

    "My father was married 3 time. ...
    I am from second marige ... 
    Only my mum was alive when my father passed away ... "
    So no. There was a subsequent marriage, and that third wife predeceased the father.

  • Df26
    Df26 Posts: 16 Forumite
    Third Anniversary 10 Posts Combo Breaker
    sheramber said:
    keep -pedalling's   question is  relevant.
    Was your mum still married to your dad when he died?
    If so, she would be included in the inheritance.

    No, they were officially divorced. 
    Time father passed away he was married third time but his wife passed away. 
  • Hi Df26
    Sorry to hear about what you are going through. I hope you manage to get something. Wishing you the best of luck.

  • Flugelhorn
    Flugelhorn Posts: 7,624 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    re pensions - they can be odd things when it comes to inheritance, depending on what type it is - they are much more based on the wishes of the individual with some people changing the beneficiaries at various stages. Other thing to bear in mind is that there isn't always anything to inherit from a pension - there may be an existing pot of money or if it is a final salary type pension then money is only paid to surviving spouse / partner and dependant children - if the children are over say 23 there will be no money. 

  • Df26
    Df26 Posts: 16 Forumite
    Third Anniversary 10 Posts Combo Breaker
    re pensions - they can be odd things when it comes to inheritance, depending on what type it is - they are much more based on the wishes of the individual with some people changing the beneficiaries at various stages. Other thing to bear in mind is that there isn't always anything to inherit from a pension - there may be an existing pot of money or if it is a final salary type pension then money is only paid to surviving spouse / partner and dependant children - if the children are over say 23 there will be no money. 

    Back in 2018 when I reported to pension provider that my father passed away, they send out documents to claim £8500 for survivors. I give those papers to my sister as she was the executor of my dad's will. Never heard a word back from her. 
  • Silvertabby
    Silvertabby Posts: 10,651 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 14 February 2021 at 11:00AM
    Df26 said:
    re pensions - they can be odd things when it comes to inheritance, depending on what type it is - they are much more based on the wishes of the individual with some people changing the beneficiaries at various stages. Other thing to bear in mind is that there isn't always anything to inherit from a pension - there may be an existing pot of money or if it is a final salary type pension then money is only paid to surviving spouse / partner and dependant children - if the children are over say 23 there will be no money. 

    Back in 2018 when I reported to pension provider that my father passed away, they send out documents to claim £8500 for survivors. I give those papers to my sister as she was the executor of my dad's will. Never heard a word back from her. 
    The pension administrators should be able to tell you if the death grant was paid in accordance with your father's 'expression of wish' form, but they won't tell you who your father had nominated to receive any death benefits.

    In the absence of a nomination form, if the executor stated that there were only 2 siblings then it is likely that the scheme would have accepted that and paid out the death grant in 2 equal shares.

    Unfortunately, I doubt that they would/could be able to do anything now, other than refer you back to the executor. 
  • Df26
    Df26 Posts: 16 Forumite
    Third Anniversary 10 Posts Combo Breaker
    Thanks. I am still waiting to hear from salicitors who were involved in winding up the estate back then. 
    So far it looks like both my sisters deliberetly undervalued my father's house contents ( it may not be much but I have a pictures with my dad and his collectables are present in background)
    Deliberetly reported that my father only had 2 children. ( Question here is did salicitors don't checking that? I was asked by my salicitors about my close family when my mother passed away. Was salicitors neglected back then? )
    And wherever pension provider comes back with. Sisters could be providing false information about just two of them to benefit themselves financially. 



  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Df26 said:
    Thanks. I am still waiting to hear from salicitors who were involved in winding up the estate back then. 
    So far it looks like both my sisters deliberetly undervalued my father's house contents ( it may not be much but I have a pictures with my dad and his collectables are present in background)
    Deliberetly reported that my father only had 2 children. ( Question here is did salicitors don't checking that? I was asked by my salicitors about my close family when my mother passed away. Was salicitors neglected back then? )
    And wherever pension provider comes back with. Sisters could be providing false information about just two of them to benefit themselves financially. 



    The solicitors act for their clients (here your sisters) and they don't have a general obligation to check what their clients are telling them is accurate. So there is nothing to suggest they have been negligent.

    It is certainly worth pursuing the other matters.



  • Flugelhorn
    Flugelhorn Posts: 7,624 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    house contents are often quoted on probate forms at a very low level, far less than they may have been bought for or the value someone thinks they have. to get value out of collectables there has to be a market and someone has to spend much time in getting a good price - if they sell them to a dealer they won't get much.
    Definitely worth checking with the pension administrators again and explain the situation
  • comeandgo
    comeandgo Posts: 5,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Am in the process of clearing out my mums house and her items are virtually worthless and she had collections of china  figurines and ladies.  Her furniture is being sold at low prices just to get things away.  House contents have very little value.
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