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Claiming pension without will

4 replies

Opine · 24/02/2025 09:00

My Father died just over two years ago. He didn’t leave a will. We had been estranged for several years.

I have two siblings from his second marriage. Straight away they took the money from his bank account and from a private pension. They didn’t need a grant of probate for either as the amounts fell below the threshold. This money was shared between them.

A death in service payment is due from his civil service pension. Initially my sister tried to claim this and did not mention my existence on the form. This was quickly discovered and I was contacted to help them claim because without me it wouldn’t be paid out.
I submitted my claim. Unfortunately just over two years has passed since the death and so there is now a 45% tax on the lump sum and letters of administration are now required.
I suspect my sister will apply for this and then the money will be paid to her and shared between her and my brother. Had it of been paid before the two year deadline it would have been split between the three of us by the pension company.

What I’m asking is what will happen now and what I can do. Their Mother is still alive but refusing to get involved given they have been separated, but still married, for almost fifteen years.
Its not an insignificant amount and I am as entitled as they are.

OP posts:
Harassedevictee · 24/02/2025 09:16

You can apply for letters of administration. Personally I would see a solicitor and get legal advice.

Opine · 24/02/2025 11:41

Thanks for your reply. Yes from what I understand up to four people can be authorised as administrators. I may consider that.
if only he is granted administrator does he have a legal obligation to pay me my share?

I have an appointment with a solicitor but not until next week unfortunately.

OP posts:
Valid8me · 24/02/2025 12:17

Surely if he was still married and left no will, under intestacy rules the money would go to his wife, not his children?

Opine · 24/02/2025 14:22

Yes that’s what usually happens if you die intestate but they have been separated for a long time. Pension companies don’t automatically pay out if separated.
They never divorced but had fully moved on. In any case the Wife has written to pension company to say she doesn’t want anything.

OP posts:
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