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Legal matters

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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:
Comps83 · 25/02/2020 07:55

I will speak to a solicitor
Thanks all

OP posts:
Babybel90 · 25/02/2020 07:58

I’d call them back and be very clear that as your parent was unmarried you are next of kin and their partner is nothing to do with it, they may have misunderstood and assumed they were married.

jackparlabane · 25/02/2020 07:58

If (the big question) the policy for the pension is that in the event of death with no nominee, the lump sum goes into the estate, and the person has died intestate, then the children of the deceased would presumably inherit?

You'll need to establish this in writing with a senior manager at the pension service, and I just hope they are more efficient than civil service pensions.

AintNobodyHereButUsKittens · 25/02/2020 07:59

Of course it’s her business beans. She’s got to apply for letters of administration and manage the estate, which may actually include these sums due to lack of nomination. Nobody else can do it.

ChasingRainbows19 · 25/02/2020 08:05

I thought it went to next of kin if no one was nominated. I really need to sort my nomination out 15 years of service later....

gingercat02 · 25/02/2020 08:13

If you are married or in a civil partnership your pension related payments (including death in service) go to your spouse or civil partner if not you must nominate a named person to receive it. If you don't it just gets lumped into your estate and divided up with everything else.

Nan0second · 25/02/2020 08:16

If they weren’t married and they hadn’t filled in a PN1 form, and the partner had not been nominated, then no, they do not get the death in service benefit (nobody does unless there are up to 2 children under age 23 who get an allowance)

Comps83 · 25/02/2020 08:17

Ok so I just pulled this from the NHS own guide for employees

If there is no legal spouse, registered civil partner, nominated qualifying partner or nomination, the lump sum on death benefit will be paid to the member’s Estate.

OP posts:
Nan0second · 25/02/2020 08:17

Edit to say I mean the pension. The lump sum is different as above

TheRealHousewife · 25/02/2020 08:32

As far as I know Pension entitlement/payout is NOT part of the the deceased estate. They are distinctly separate and are treated as such.

Comps83 · 25/02/2020 08:33

Yeah it looks like the nhs pension and death in service scheme are interconnected whereas where I work they are not .

They def. know that they weren't married

I don't want this turning awkward . He's a very nice man but obvs I just want this doing legally and to be able to move on with the application to be able to settle the estate . There is a lot more than just the pension to go through and like ppl said I can't do anything yet and no one else can do anything as I am legally next of kin

OP posts:
Comps83 · 25/02/2020 08:36

'A lump sum on death benefit is not included in an Inheritance Tax assessment if paid to the member’s spouse or registered civil partner. A lump sum on death benefit paid to a nominated qualifying partner or nominated individual(s) may be subject to Inheritance Tax.'

So not clear on the tax side as it doesn't mention the estate . But I'm guessing it will still need declaring even though it will be under the tax threshold

OP posts:
coconuttelegraph · 25/02/2020 08:38

I know it will cost but I think your best route is to look for a solicitor if you don't feel up to the bureaucratic fight.

From what you've posted it seems clear that anything due will form part of the estate but if the whole process is getting to be too much it might be best to get outside help, especially as money often brings out the worst in people.

Comps83 · 25/02/2020 08:40

Yes I think you are right

Its also not on if nhs pensions aren't doing things by the book , it will cause all sorts of problems

OP posts:
Friendsofmine · 25/02/2020 08:44

He may well understandably change his mind when the reality of the loss sinks in and he realises how much a bit of extra cash gives freedom and options to do things, all helpful when grieving.

I wonder if it might be prudent to pay for legal advice if you do not intend to give him any money, but ask him to apply for it.

Comps83 · 25/02/2020 15:40

Update

Only he can apply for the pension , this is fair enough and I'd rather he got it than no one

Only I can apply for the lump sum as per their guidelines BUT they have him down as executor because he filled in the Tell Us Once form so they won't speak to me but he can't apply for it as he's not next of kin .

Again with the vicious circle

OP posts:
Soontobe60 · 25/02/2020 18:15

Op, send them a copy of the will. Why did he complete the Tell Us Once form if he's not the executor? When my dsis died, I had to go with her dp to register her death as he wasn't the next of kin. Did you go with him?
I've also just read through the NHS leaflet in pensions, and it seems that if she didn't nominate anyone, and they're not married, he has to prove that he was financially interdependent with her, and neither of them was not married to anyone else. If she was still legally married, then that person would get the death in service benefit.

Comps83 · 25/02/2020 18:41

She didn't have a will
He filled in the Tell Us Once form as he lived with her so knew which utilities etc needed informing and had all her info for dvla etc etc etc . Their house is a 2 hour round trip for me and I had given birth a week previous
He's been really good about everything . I hope he is entitled to the pension as if he can't get it then it looks like no one can which is insane when someone had paid into it for over 40,years

OP posts:
BubblesBuddy · 25/02/2020 19:19

You always have to remember that an employee pays into a pension for themselves. The employer has also made a contribution. I’m not sure a partner of not many years should get much. A lot of the contributions will have been public money. A spousal pension is usually much smaller than the employees pension. The death in employment benefit might go into the estate if the correct arrangements nomination has not been made.

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