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?

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

Yes, i got that .... I was just replying to someone else.

Hope it all works out.

There are suggestions on the thread about what the OP should do with respect to her DCs' claim on the house.

If according to the law the DCs have an entitlement then the OP can't do anything with it. It remains the DCs until they are old enough to decide what to do. That could be to hand it over to the "new" partner at some point in the future, but only if they chose to do this.

I'm not sure that the "new" partner and her mother were seeking to cut out the OP's children. Gathering together information about them to submit to the pension trustees would suggest that they were actually going to account for all children. Which, according to some people's accounts on this thread, might reflect the actual entitlements.

One suggestion I'd make OP is not to assume there was an intention to deprive your kids unless you see some evidence of this. Don't be a pushover obviously, and act in your kids' interests, but be business-like and try to keep feelings out of it.

Hi @Avenia. The new DP would need to show financial dependence if Nomination of Wishes is to DC. Particularly if the nomination is quite old and predated living together. She would probably get a share in those circumstances.

Oof, tenancy in common, unmarried and intestate? Ouch. What a mess.

Also yeah, its not for OP to just decide not to pursue a share in the property for the children. Anything they're entitled to under the intestacy rules isn't within her gift.

All the children of the parent who has died intestate inherit equally from the estate. This also applies where a parent has children from different relationships.

A child whose parents are not married or have not registered a civil partnership can inherit from the estate of a parent who dies intestate. These children can also inherit from grandparents or great-grandparents who have died intestate.

Children do not receive their inheritance immediately. They receive it when they:

reach the age of 18, or
marry or form a civil partnership under this age.
Until then, trustees manage the inheritance on their behalf.

Cdtaylornats pensions don't always form part of the estate. They can go to whoever the policy holder nominates or who the pension company trustees deem the beneficiaries to be.

cdtaylor her children aren't his children? he only has two children. Ours?