ExDH has died intestate, new partner trying to claim his pensions for her children as well as ours?

[badgerread]

Hi all

My ExH died recetly and left no will, we have two children together, therefore as he died intestate they are his beneficiaries. He had 6 work pensions non of which he named beneficiaries on. I have instructed a solicitor as I recently found out the partner he had been living with for the last 3.5 years of his life is trying to claim his pensions for her children (four of them) as well as mine?

Can she claim any part of these for her (not his) children?

Were they married?

No they weren't

Does this page help?

This may be a difficult question to answer, but were they dependent on him (financially) as that's probably what his partner is claiming. I'm assuming he did not remarry otherwise his wife would be the beneficiary.

My ExH and his parther both worked full time and their father is still alive and paying maintenance for them all...

It seems to suggest that his co-habiting partner would need to be either a spouse or a civil partner to have any claim. It looks fairly straightforward that everything goes to your children.

Thanks TheOnly but it's his pensions I'm concerned about (which don't necessarily form part of his estate), he left nothing else :(

This sounds like CF territory surely?!!!!!

Although this may be the relevant paragraph which the partner is claiming under:

Applying for financial help

You may be able to apply to court for reasonable financial help from the estate of the person who has died intestate. For example, if you were living with the person who has died but you were not married to them, you would not inherit under the rules of intestacy. However, you could apply to court for financial help. You must have lived with them for at least two years immediately before their death. Another example is if you were always treated by the person who died as a child of the family. You would not inherit under the rules of intestacy but you could apply to the court for financial help.

You must make the application within a certain time limit although in some circumstances this can be extended.

The court may order:

regular payments from the estate
a lump sum payment from the estate
property to be transferred from the estate.
If you want to apply to the court for financial help, you will need legal advice.

Pensions usually pass independently to the rest of the deceased estate.

Hmmmm thanks TheOnly I'm hoping that doesn't apply to his pensions, only his estate of which there is nothing!

This might be useful www.pensionwise.gov.uk/en/when-you-die I would have thought she'd need to be named as a beneficiary.

I think you need to get your lawyer to deal with it to protect your childrens assets how did you find out she was claiming it?

He didn't have a death in service benefit no as he'd just started a new job. The reason I found out is because his partner's mother has been through all his documents and contacted the pension providers as she has the original death certificate and has managed to collate quite substantial information. She emailed me to ask for our DC's birth certificates as 'they're the only ones I'm missing' and that 'obviously the majority will go to (our) DC but partner and her DC should really have something'. She also said that she didn't want to involve solicitors and that she would deal with the pension providers so no to 'confuse them'. I think she's panicking as she and her husband gave them £52k towards their house purchase last year and they were tenants in common not joint tenants which means his share goes to his beneficiaries. Our DC.

I've instructed a solicitor who has given me a very well worded email to send her. Basically send all information you have gathered to me as I should be dealing with it as the DC's parent. Not you or your daughter..

That does sound a difficult situation given your update. What is legal and what is moral might be in conflict here.

The best the girlfriend could do is make a claim against his estate for her and her children as dependants if they were financially dependant on your ex.

They would have to make a claim to be entitled - they are not automatically.

Under intestacy, his estate passes to his next of kin. As he is not married that means it passes to his children. Her children do not receive anything as standard unless he adopted them in the meantime.

The pensions may pay out separately, as they often pay out direct to beneficiaries as nominated or as the pension trustees decide. If there is no nomination they will usually look at his next of kin, so his children. If they have been filling in forms to say there are 6 children then they are being fraudulent.

She and her mother need to stay out of it as they are interfering and have no standing to deal with the estate.

I would be contacting the pension provider ASAP OP as I strongly suspect your DC are down as the beneficiaries and not the new partner - don't give her anything to assist her case at the moment!

When my late-DH died I sent the details to his pension providers, which were nominated to his children and ex-wife.

The pension providers then contacted me asking for details of all potential dependants (spouse, parents, siblings and children plus step children) so that they could make a decision as trustees as to where the pay out should go.

I provided these details but didn't make a claim for myself or my children, as I knew late-DH intended the monies to go to his children.

The pension was paid out as nominated but I have no doubt I could have made a claim against some of it.

Chasing - I'm sorry to hear of your loss..

I just feel it has all been done very underhand as the first I heard anything about it was when she emailed asking for copies of our children's birth certificates. She appears to have gathered a lot of information without having any discussions with me at all regarding my children (withExH). There were no nominees apparently on any of the pensions.

It will be down to the pension scheme trustees to decide who was financially dependent on your ex. How old are the children?

Oh yes badgerread I can totally understand why you feel that.
And my experience probably isn't relevant anyway as we were married, and I didn't try to make a claim on the pensions.
The point of my post was that the pension provider themselves asked for all this info after I'd sent the death certificate and details of his nominations (his children). I hadn't asked for anything to come to me but they still wanted to know about me, my children (who aren't his) etc.

Ours are 14 and 10. His partners are 18, 16, 15 and 13. They lived together for 3.5 years before his death.

I am obviously no longer receiving maintenance whereas her children's DF is still alive and paying maintenance.