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?

A dependant is usually classed as anybody that is wholly or partly financially dependent on a pension scheme member in the opinion of the trustees. So it really is down to the trustees.

Chasing - I've just spoken again to a couple of them and apparently two (out of six) of the providers are already at the decision process and I hadn't heard from any of them until I'd made contact this week? I don't understand how someone unrelated to him has managed to get so far down the line? my Solicitor is onto them now....

But she is his dependant. You aren't married to him anymore and aren't financially dependent on him so they wouldn't contact you.

She isn't dependant if she works ft though..
Ft cf imo!

Yes but they aren't married and he died intestate, therefore his beneficiaries are his children. Not her.

It's the fact they've tried to do all this behind our backs without consideration for our (his only) children, that's what has annoyed me. The only reason they've been caught out is because they needed our DC's birth certificates.

They only lived together for 3.5 years owning a house for 10 months of that time. She was only financially dependent on him for that amount of time.

She works FT and her DC's father is alive and kicking AND paying maintenance!

But she is his dependant. You aren't married to him anymore and aren't financially dependent on him so they wouldn't contact you.

As he was paying maintainence for his children then of course OP (well, the DC) is/are financially dependent. He won't be financially helping to raise his children now will he?

Exactly Hulla

Hopefully now that your lawyer is on to them your DC will get the money they deserve.

Yes the op's dcs are dependent on him but the op isn't. The trustees would contact his current partner to obtain details about any dependant children which is what's happened here. All children will most likely receive something. That's what happens in most cases.

coco why would his partner's children have the same rights as his own children? they were together for 3.5 years? our children are 14 and 10 and we were together 19 years? our children have been left with no DF and no maintenance? his partner's children still have their DF and he is paying maintenance.

How is that even comparable? and as I mentioned above they have done it in a very underhand way. His partner wouldn't have our DC's birth certificates so they would have had to contact me, but his partner's DM tried to get copies from me and that she would 'take care' of everything as me contacting the pension providers would 'only confuse things'. Aaaaaaaaaaaarghhhhh it makes me so angry...

I'm not surprised you're angry Op, I'd be livid at the thought of anyone stealing from my children and to be honest, wouldn't have even thought what they're doing was possible. Surely it's outright theft / con for them to be able to do that if they weren't even married.

Hope you fight it hard and come out successful. Good luck!

Because they live in a house that he was paying bills for (I'm assuming they lived in the same house). Like I say this decision is ultimately for the Trustees to make. Pension scheme rules do not specify the meaning of 'financially dependent' so the Trustees are able to interpret it how they wish however it's very common for it to go the way I've stated in previous posts.

Thank you brienne and I hope it doesn't go that way coco...

details about any dependant children

How are his partner's children dependents? They have both parents, one working full time and one paying maintenance. The OP's children have only 1 parent now.

I hope you get this sorted OP. What a nightmare! Are you absolutely certain that he didn't have any life insurance? It would be normal to have that if he had a mortgage.

Sorry, cross posted with your clarification coco

If he had a mortgage he will probably ha e had life insurance to pay off the mortgage in the event of his death.

I am not sure how he owns the property (tenants in common etc) affects the life insurance and whether the property wod have to be sold to pass his share onto his dependents.

It does seem a little unfair on the new partner and her dcs if this is the case. However they were both a bit lax if they didn't discuss and make provision for this scenario.

But I completely understand your point of view too, OP. I hope it all works out OK but suspect morally someone will be left out to satisfy the legal position.

We had a client who died and he'd nominated his girlfriend on his pension. However, an aunt was dealing with the estate and it turned out he had two young children from a former relationship. The pension company gave the money to the children, the girlfriend got nothing (from that pension anyway).

Stay strong for your children OP - hopefully the pension companies will see sense

I used to work in pensions for a large employer. His partner will be classed as a dependant if she can prove that she was reliant on his wages to support the household e.g. joint mortgage or loans, he paid the utilities etc. I imagine they would have asked her to provide her evidence to support a claim if she is the one that has notified them of the death. She will have filled in a form most likely listing all the children as potential beneficiaries.

Some of the most complex and nasty cases I dealt with involved 1st / 2nd families and conflicting claims as to who thought they were 'entitled' to the money. Also not uncommon for the new partner / spouse to inform us of the death and deal with the paperwork and then we'd find out that there was a first family we'd not been informed about. If the pension is held in trust it will be the trustees or the governance board who decide how any money is split; they have a duty to properly consider all potential dependants. If it's an insurance co not under trust they will be more likely to follow a nomination form unless it's challenged but again will rely on the information they have in front of them to decide how it's split.

He committed suicide so I doubt life insurance will pay out. As they were tenants in common his share would pass to his beneficiaries when sold. Our DC. I doubt she can afford it on her own.

They have treated us appallingly since he died so if they have to sell so be it.

This seems incredibly unfair. I can’t imagine why this woman didn’t believes her children are entitled to a share of her boyfriends pension. I should go to his legal / biological children. Her children will be supported by and inherit from their own parents. This is just greedy.

I really hope she isn’t successful.

I have just read your update. Your poor children. Were they close with these other children? Are they still in touch with the girlfriend and any of her children?

I would be horrified if my mother tried to steal from bereaved children for my benefit.

Sorry also meant to say whether he left a will or died intestate, neither a will nor intestacy laws govern who is a beneficiary, the rules that apply to his estate as defined in law do not apply here.

dippy they have spoken once to one of the children since the 13th May and received two texts from his partner..

As a pp said, it’s at the discretion of the trustees for death benefits which pass outside his estate. I don’t think it’s unfair for the current partner and her children (who it seems we’re at least partly financially dependent) to get something. I agree they seem to have gone about things in an underhand manner.