Company Pension after death.

joeblack066

My X DH died suddenly on Christmas Day. When we divorced, he refused to do a Final Financial Separation, and so we were still financially linked as far as I am aware. I told him at the time that it was more in his interests to do it than in mine, as he had a Company Pension and also would stand to inherit his Mother's house at some time, whereas at the time I had nothing. I did obviously assure him that I would never have claimed any monies from him, I was not interested. However, now that he has died, I wonder, would I have any entitlement to claim on his Company pension? I only ask as we have had to pay for the funeral, and he has 4 Children, 1 with me, and if there is an entitlement I would like to claim it to share out between his children. I would appreciate any advice, as I know nothing about this side of things.

Andy_L

Depends on the scheme rules, you probably havn't as you're divorced but his children might.
Only way to find out is to contact his employer

lisyloo

Sometimes these schemes pay out a lump sum to either those names in a trust (if made) or an "expression of wish" form or pay out to the beneficiaries of the estate.

Some schemes pay a lump sump and other an ongoing pension to dependents or a combination of the two.

If he has dependents at the time of death then I believe this is taken into account despite whatever wishes his wishes.

So I'm afraid it does depend on the scheme and what he set up in advance.

MrChips

Definitley worth contacting the Company's HR department.

The Scheme will almost certainly be paying something (pension and/or lump sum) to someone on this sad event, but to whom it will go to will depend on the Scheme's Rules and/or the discretion of the Scheme's Trustees.

joeblack066

Okay thanks I will speak to his sister who is organising his financial affairs and take it from there. I'm not interested in it for myself, but I would rather it get paid to his kids rather than go to waste. Thanks for your replies.

Cook_County

Many people forget to change their expression of wishes after a divorce or separation so it is definitely worth asking.

Expressed the way you do that you'd only want it to go to the children sounds a really nice way to ask.

dunstonh

the trustees of the scheme do have the ability to overide an expression of wish. This tends to happen when the expression is out of date or is vindictive (i.e. not to dependent children/current spouse but to a third party)