Will Private Pensions Pass To Mother On Father's Death?

LHW99

Is this any help on the Dow pension?

https://www.mydowpension.co.uk/~/media/document-libraries/dow2022/dow-services-section/2023/dow_uk_services_-_combined_sia_february_2023_vfinal

Sarahspangles

xylophone said:

The pensions aren't occupational.

If he has a Dow pension, then presumably this is because he worked for Dow Services?

Does his state pension statement (see my post above) show a "contracted out deduction"?

Too soon.

[Filler characters]

xylophone

The pensions aren't occupational.

If he has a Dow pension, then presumably this is because he worked for Dow Services?

Does his state pension statement (see my post above) show a "contracted out deduction"?

You do not mention a joint account - is it the case that mother's pension is paid into her own account and your father pays all 

bills etc from his sole bank account?

If so, presumably there are DDs in place?

Do you or your mother have Power of Attorney so that the DDs can be cancelled and set up on your mother's account?

xylophone

• Too soon.
  

  
  

  Too soon for what?

  Father was born in 1933 - he may have started work as early as  1947 but equally may have gone to University and graduated around  1954.

  Whatever the case, he is likely to have been employed between 1961 and 1975 (Graduated Pension Scheme) when he would have been 42 years old.

  In 1978 (Introduction of GMP) he would have been 45. If he was in a contracted out pension scheme between 1978 and 1997 (when he would have reached age 64), he would have a GMP.

  He reached state pension age in 1998 - if he had a GMP he has a COD?

  His state pension statement (of increase in benefits) would have been received around March this year.

  It will show any COD he may have.

  
  

Sarahspangles

xylophone said:

Too soon.

Too soon for what?

The OP doesn’t have an LPA, hasn’t confirmed he will be the executor of his father’s will, and his father is still alive.

xylophone

The OP doesn’t have an LPA, hasn’t confirmed he will be the executor of his father’s will, and his father is still alive.

I'm sorry - has the OP stated that he does not have LPA? I did ask this question in my post above.

In any case, as his father is in hospital and apparently (sadly) terminally ill and legally "incapax", presumably Mother, who occupies the family home, has access to his papers?

Presumably she can look out his state pension statement/check any paper bank statements to check the amount of SP he receives?

If it is over £169.50 a week, then it is virtually certain that he has some Additional State Pension (GRAD/SERPS).

It is of course the case that any LPA would end on death.

The OP has not stated whether or not there is a will or if  there is, that he is executor.

It does appear from his post however that he expects to have to manage matters after Father dies so that either he knows that he is executor or  (if there is no will), that it is going to fall to him to obtain Letters of Administration.

If there is no will, then he might wish to look up the law relating to intestacy.

sheramber

The OP has other threads ( iIHT is involved) where it is explained father had control of all finances and there is only sole bank account in his name.   Mother does not have any knowledge of  their affairs.

It is not known if he made a will as he was a very private person and did not discuss this.

How is now not mentally able to  give that information..

artyboy

What a horribly messy situation, I feel for you OP and hope that you're able to get some clarity on things...

(as an aside, an older relative of mine is visiting me - again - soon, to ask for more guidance on what to do with a very large 6 figure sum they have squirrelled away and have no interest in doing anything with. They know they need a will and have had that said to them in no uncertain terms. Do you think that's happened yet... I'll let you know, but I can take a guess...)

xylophone

It is not known if he made a will 

It seems to me to be vital that the OP establishes whether or not Father has made a will.

I see that the OP has stated in another thread that the marital home is held as joint tenants so Mother becomes sole beneficial owner on Father's death regardless of whether or not there is a will.

https://www.gov.uk/joint-property-ownership

However, it appears that Father owns another property outright in his sole name as well as approx £100,000 in savings.

If there is a will, then presumably  it states what is to happen to his personal assets.

Otherwise, the OP needs to look at the rules of intestacy.

https://www.gov.uk/inherits-someone-dies-without-will

I have made some suggestions regarding the state pension situation in my posts above.

If Mother has no personal bank account and her pension is paid into Father's sole account( ?), then she needs to open a bank account of her own and advise the DWP that she wishes to change her payment instruction.

https://www.gov.uk/contact-pension-service/report-changes

Mother or the OP will need to contact utility providers etc concerning taking over the bills.

With regard to Father's non state pensions, it would be as well if Mother /OP can check Father's paperwork to check for policy details/scheme guides etc.

LHW99

It is not known if he made a will as he was a very private person and did not discuss this

If there is any historic correspondance with a solicitor (or bank manager?) it may be worth contacting the firm(s) involved to ask whether they have a will on file. It wouldn't be released until a death certificate is, sadly, available but could settle the question.

Unfortunately if the answer is no, it wouldn't prove there was no will.