Pensions private and state

Bones123

Hi All

I have a friend who is Brazilian and resides in Brazil.  Her English Civil Partner passed away 7 months ago, her partners sister says that the Home Office are now involved because they apparently have concerns.  The family are not divulging to her what the concerns are.  The Solicitors have already received the Brazilian Death Cert, it has been translated to English.  

Is the sister telling lies just to stop the civil partner from having his pensions?  Why would the home office be involved?

Please if someone knows why it would be deeply appreciated if you can tell me.

Thank you

Silvertabby

What exactly do you mean by 'civil partners'?  In the UK, that could mean the same rights as 'married', but do you actually mean 'common law', which confers no legal rights whatsoever?

How old was the partner when he died?   Was he already in receipt of his pensions, and what are/were they?

Marcon

Bones123 said:

Hi All

I have a friend who is Brazilian and resides in Brazil.  Her English Civil Partner passed away 7 months ago, her partners sister says that the Home Office are now involved because they apparently have concerns.  The family are not divulging to her what the concerns are.  The Solicitors have already received the Brazilian Death Cert, it has been translated to English.  

Is the sister telling lies just to stop the civil partner from having his pensions?  Why would the home office be involved?

Please if someone knows why it would be deeply appreciated if you can tell me.

Thank you

Presumably you are describing the Brazilian 'Uniao Estavel' (Stable Union)? This is on the UK Home Office's list of accepted civil partnerships, but from what you've said, it sounds as if there are doubts about its validity (which is the most likely reason for them to be involved - I can't see any other reason, although others might be better informed and able to suggest alternative reasons).

Be aware that your friend may not be entitled to any UK state pension. See https://www.gov.uk/new-state-pension/inheriting-or-increasing-state-pension-from-a-spouse-or-civil-partner

There is nothing stopping your friend from approaching the private pension providers direct. Has she done so? If not, suggest she does, sending a copy of the death certificate and a copy of the Stable Union certificate. Even if the latter does turn out to be invalid for some reason, many defined benefit schemes will still pay to someone who lived with their deceased partner in a relationship 'akin to marriage', or who completed an Expression of Wish form nominating their partner to received the content of their defined contribution pension pot. If the late partner had bought an annuity, he would need to have bought one which included survivor benefits for a pension to be payable to your friend.

You refer to 'the Solicitors'  - which/whose solicitors? Based in Brazil or the UK and acting for whom?  

Bones123

Thank you for your reply.  My friends deceased partners, sisters solicitor.  She has since received emails from said UK Solicitor but unfortunately she is on leave now.  My Brazilian friend is refusing to sent her deceased partners passport ( she has found out she does not need to forward this onto them).  If I have any further concerns I will post again.  Thank you 😊