Deceased parent beneficiarys help!

Moneywoes2025

Recently lost my dad at a devastating age and I need some advice please. 

Dad had 4 children, 3 biological and a step child. 

He isn’t on anyone’s birth certificate and we never amended it or changed the birth certificates. 

He has a good pension pot and worked throughout his life. He didn’t have any nominees on his pension or any of the others. 

He didn’t do a Will either. 

The pension will be put into a trust and the trustees will decide who gets the money and judge situation. We have a broken relationship with siblings it’s divided. What happens here? Any help be welcome thank you. 

Keep_pedalling

What was his marital status when he died?

Moneywoes2025

Keep_pedalling said:

What was his marital status when he died?

Hi, single no partner 

Keep_pedalling

In which case his estate will be inherited by his biological children, and his pension (which falls out of his estate) should also be passed to them. Unless they were adopted a stepchild does not inherit.

The challenge now is to prove that his biological children are actually his children, which will require applying to the courts for a declaration of perantage.

https://www.tmsolicitors.co.uk/deceased-father-not-on-birth-certificate/

Moneywoes2025

Thank you very much very helpful and a quick response! 

Marcon

Keep_pedalling said:

In which case his estate will be inherited by his biological children, and his pension (which falls out of his estate) should also be passed to them. Unless they were adopted a stepchild does not inherit.

In respect of the pension, the stepchild is just as likely to be considered as the biological children, especially if there has been any financial dependency and/or the stepchild is a minor. There is no 'should' about automatically passing that only to the biological children - the trustees will need to carry out appropriate due diligence before making any decision.

If it's a DB scheme (rather than a DC 'pot'), then the rules will set out if any benefits are payable in respect of any of the children - and stepchildren, whether adopted or not, usually feature in the definition of 'eligible child'.

Keep_pedalling

Marcon said:

Keep_pedalling said:

In which case his estate will be inherited by his biological children, and his pension (which falls out of his estate) should also be passed to them. Unless they were adopted a stepchild does not inherit.

In respect of the pension, the stepchild is just as likely to be considered as the biological children, especially if there has been any financial dependency and/or the stepchild is a minor. There is no 'should' about automatically passing that only to the biological children - the trustees will need to carry out appropriate due diligence before making any decision.

If it's a DB scheme (rather than a DC 'pot'), then the rules will set out if any benefits are payable in respect of any of the children - and stepchildren, whether adopted or not, usually feature in the definition of 'eligible child'.

Thanks for the correction, but I have a question. The OP says he was single at the time of death, which I assume means he was divorced from the mother of his step child rather than widowed, so unless a parental responsibility order was obtained at the time of the divorce, I would think the ex stepson would no longer have a claim, would that be correct?

Moneywoes2025

Thanks again. 

My parents was never married. The step son is an adult and is older than myself. 

No wife or partner was present at time of death. What are the cases of me receiving anything it’s really 50/50 isn’t it. Is this a long process to go through. 

mattojgb

Do you have any paternal aunts or uncles?

Moneywoes2025

None living ones unfortunately. 

RAS

Any paternal cousins?