My feed
Premium

Please
or
to access all these features

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Parent who worked for nhs has died, advise please.

44 replies

Comps83 · 27/01/2020 16:16

Parent died
They had worked for the nhs for 40 years
People have mentioned I may be entitled to:
Death in service payment
Part of pension
Pay outs from unions

Can anyone advise what I need to do next?

All I have done so far is contact the bank to freeze the account and am waiting for a callback re the funds

Feel like a vulture but family members are pushing me to get this sorted, not because they want a cut but because they want me to have anything I'm entitled to, otherwise non of this would have crossed my mind

OP posts:
Report
HilaryBriss · 27/01/2020 16:52

Sorry for your loss Flowers

Were they still working for the NHS at the time they passed away? Were they married? How old are you? There is some info here: www.legalandmedical.co.uk/the-nhs-death-in-service-benefits-facelift/

Report
Comps83 · 27/01/2020 17:04

Thank you
Yes I think they were
They had been on long term sick but I think still technically employed
They were not married and I'm 36
They had a live in partner and a surviving parent who have both said they want me to have every penny

OP posts:
Report
Parker231 · 27/01/2020 17:10

Do you know who the executor is and who has a copy of the will?

Report
Comps83 · 27/01/2020 17:12

No will unfortunately
Myself and her mother are next of kin .
Her partner registered the death

OP posts:
Report
ChicCroissant · 27/01/2020 17:14

Sorry for your loss OP.

Death in service is usually part of the pension package, did they pay into the pension scheme? I would speak to the pension/superannuation department to see if they did.

Report
Comps83 · 27/01/2020 17:20

Thanks
I'm pretty sure they were in the pension scheme

OP posts:
Report
Polkadotdelight · 27/01/2020 17:23

Death in service is part of the pension package and automatically goes to the spouse if the couple are married. If not married I believe that the employee can nominate a person to receive the pension in the event of their death. You need to find out if this nomination was made.

Report
coconuttelegraph · 27/01/2020 17:25

I'd say you need to speak directly to the employer. Please don't assume that what anyone posts here will apply to your specific situation, of course people want to try to help but it would make a bad situation worse if you rely on or have expectations from incorrect information.

Report
Herocomplex · 27/01/2020 17:25

I’m sorry for your loss. 💐

Report
AndWhat · 27/01/2020 17:26

www.nhsbsa.nhs.uk/employer-hub/contact-nhs-pensions-employers

Give these a call and they’ll be able to help you out. Sorry for your loss

Report
squee123 · 27/01/2020 17:30

<a class="break-all" href="https://www.google.com/url?sa=t&source=web&rct=j&url=www.nhsbsa.nhs.uk/sites/default/files/2018-05/Survivors%2520Guide%2520%2528V8%2529%252005.2018.pdf&ved=2ahUKEwje95DZpqTnAhXOIDQIHRn8BRcQFjABegQIDhAI&usg=AOvVaw3BMBkwbLLuvVTRGa3CotRF" rel="nofollow noindex" target="_blank">this guide explains it all and who to contact. It may be that the pension goes to their partner though (although they could of course pay it on to you if they wanted), if you contact the scheme they can explain it all.

Flowers

Report
RuthW · 27/01/2020 17:36

Sorry for your loss

Contact their employers. Your parent will have had to nominate someone to receive their pension.

I have a NHS pension and we recently lost a staff member in service.

Report
Comps83 · 25/02/2020 07:25

So after chasing for weeks and only just managing to speak to someone it turns out that her partner needs to apply

Is this correct?

She didn't have anyone nominated unfortunately

I feel this is going to be quite a substantial amount of money and while I feel a tad greedy and grasping I also feel that surely as the legal next of kin that there is something not quite right about this . Is this not the whole point of the legal part of a marriage?

OP posts:
Report
Ffsnosexallowed · 25/02/2020 07:28

NHS pension is quite clear that you need to nominate someone if you want your benefits to go to someone other than a spouse. My dp is my nominee.

Report
Comps83 · 25/02/2020 07:30

Also I should add : I can't move on with the application for Administration , I can’t apply for that until I know the value of the estate and I won’t know that until I know what’s happening with the pension pay out (if I ever get to know)
Vicious circle

OP posts:
Report
Comps83 · 25/02/2020 07:31

Yes I was very surprised that she had not nominated anyone .

OP posts:
Report
AintNobodyHereButUsKittens · 25/02/2020 07:35

Pension benefits and Death In Service do not form part of the estate so I’d have thought they shouldn’t slow you down getting Letters of Admin.

Report
Comps83 · 25/02/2020 07:37

That's also what I gathered (from a quick google) but on the application it states you have to contact the pension provider first and check . Though that's a good point as they didn't actually answer my question in regards to if it will be part of the estate

OP posts:
Report
SheWolfofFrance · 25/02/2020 07:39

Not NHS but civil servant so similar scheme. death in service only goes to the nominated person. I believe if no one is nominated then it's usually paid into your estate and is potentially subject to IHT. The amount for us is 2x salary

Report
SheWolfofFrance · 25/02/2020 07:39

I am not married or in a registered partnership and do not have a nominated partner. Is there still a lump sum payable?
If you are not married or in a registered partnership and you have not nominated a qualifying partner to receive the payment you can elect person(s) including children or one organisation (including a bank, trustee or firm of solicitors) to receive this payment. The payment will then be paid to the nominees automatically without waiting for Grant of Probate or Letters of Administration.
If no election is made a payment will still be due and the money will be paid into your estate and will potentially be subject to Inheritance Tax.
 

Report
tribpot · 25/02/2020 07:41

I had a look through the guide that squee123 linked to, and it looks as if there would be a lump sum but the rest of the pension is payable to do a 'dependant' - that is either a child (under 18) or an adult dependant, i.e. someone the deceased had household expenses with.

However, I only skim-read the guide, I think if in doubt I would call the BSA again and ask them to go through it with you.

Report
Soontobe60 · 25/02/2020 07:47

Any pension due would only be paid to a spouse or a dependent, and you are neither. The lump sum payment should go to whomever was nominated. As the pensions people have told the partner to apply, they may well be the nominee. If this is a long term partner, that's the right thing to happen.

Report
Comps83 · 25/02/2020 07:51

There was no nominee
I was told that on the phone and I just checked the email which confirms that
They hadn't been together that long and had no mortgage or joint tenancy etc . Kept all bills separate from what I can gather
I should maybe contact a solicitor as this seems to be a grey area

OP posts:
Report
Beansandcoffee · 25/02/2020 07:52

If the deceased lived as a couple with another adult I would assume the pension will go to that person. As there is no will I think you need to speak to a solicitor. Why isn’t the deceased person’s partner chocking this out. Sorry but are you sure it is any of your business?

Report
Comps83 · 25/02/2020 07:54

Her partner originally said he wanted nothing and nothing to do with the money side of it but now they are saying he has to apply for it
Yes it's my business . As I said I am legally next of kin and I can't apply for administration until this is resolved

OP posts:
Report
Please create an account

To comment on this thread you need to create a Mumsnet account.