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Original poster

Can I claim my Dad's pension?

30 replies

SieMatic · 09/02/2022 09:44

He died 27 months after reaching pension age and never claimed. He didn't officially defer it. Just never entertained claiming his pension (I encouraged him to, it was complicated, he was complicated) He was retired.

I have been granted administrator for his estate.

I write with best intentions. Please be kind.

Any advice please?

Thank you.

OP posts:
AlDanvers · 09/02/2022 09:46

Do you mean state pension?

Mum died within months of being able, dad wasn't allowed to claim anything. He didn't even get and widowers benefits as he passed pension age too.

AgathaMystery · 09/02/2022 09:48

I believe the pension dies with the person. Some can be ‘gifted’ sideways (spouse, partner who they are financially linked to), but not down the chain - or children (you). That is my very basic understanding.

BritInUS1 · 09/02/2022 09:49

Do you mean can you claim the portion from when he was entitled to when he passed?

AlDanvers · 09/02/2022 09:50

Sorry forgot to say, I don't know the rules or rules for someone who didn't claim at a though.

BuanoKubiamVej · 09/02/2022 09:50

State pension: No.

If he had a personal private pension or an occuptional pension then there will be a set process - get in touch with the provider and ask them what it is. I know that with my pension me beneficiaries will get some significant benefits if I die before I retire, but I wouldn't expect a penny from the state pension if I don't survive long enough to claim it.

BritInUS1 · 09/02/2022 09:50

You might find this useful www.thisismoney.co.uk/money/pensions/article-4565554/If-delay-state-pension-die-heirs-lose-out.html
(though it is a few years old)

TheresSomebodyAtTheDoorNeil · 09/02/2022 09:51

His private pension you can yes...... Obviously not his state pension though.

Nomoreusernames1244 · 09/02/2022 09:52

State or private?

State, no.
Private, possibly.

MrsSkylerWhite · 09/02/2022 09:52

TheresSomebodyAtTheDoorNeil

His private pension you can yes...... Obviously not his state pension though.“

Depends. My husband has had to name his “beneficiary”. I wouldn’t have automatic right to it.

ShavingTheBadger · 09/02/2022 09:53

You might be able to if it's a private pension. We contacted my dad's financial advisor after he died, to get account numbers, certificates etc (my dad was not the best at filing!). At first he thought we'd get nothing, but double checked and a proportion did go to his estate.

BritInUS1 · 09/02/2022 09:53

I would call the Pension Service and ask them
www.gov.uk/deferring-state-pension/how-to-claim-a-deferred-state-pension

Nomoreusernames1244 · 09/02/2022 09:56

Depends. My husband has had to name his “beneficiary”. I wouldn’t have automatic right to it

So who would it go to if he doesn’t name a beneficiary?

Mine is the opposite, if I don’t name a beneficiary it goes to DH as spouse. It would only not go to him if I name someone else.

CrinklyCraggy · 09/02/2022 09:57

If there's death benefit (not usually after retirement age) that would be payable according to the discretion of the trustees unless he left specific instructions.

The pension itself will depend on how it was invested. If it was a defined benefit occupational scheme, that doesn't usually pay a pension to adult children. It it was a personal pension there should be a "pot" that will go to survivors.

CrinklyCraggy · 09/02/2022 09:59

Advise the trustees of his death and they'll be in touch about what is/isn't payable. DH had three separate pensions and all the trustees were very helpful.

Original poster
SieMatic · 09/02/2022 10:05

@BritInUS1

Do you mean can you claim the portion from when he was entitled to when he passed?
Yes.
OP posts:
Original poster
SieMatic · 09/02/2022 10:06

Sorry, his state pension. For the 27 months he was alive to claim it.

OP posts:
Original poster
SieMatic · 09/02/2022 10:08

[quote BritInUS1]I would call the Pension Service and ask them
www.gov.uk/deferring-state-pension/how-to-claim-a-deferred-state-pension[/quote]
Thank you.

OP posts:
VaddaABeetch · 09/02/2022 10:08

No state pensions die with the person

CorrBlimeyGG · 09/02/2022 10:09

For the state pension, if he did not defer it, then you may have a claim against the sum he was entitled to for the period between his pension age and the date of his death. The article above refers to a deferral, where you would not be able to make a claim as no payments were due.

ivykaty44 · 09/02/2022 10:20

You can defer your state pension for up to 3 years and receive slightly more if you do this

Unfortunately it’s a gamble, as you may then not live the 10 years to break even and then receive more pension than you would have if you’d taken it on retirement age - without waiting

The state pension dies with the person, if the person dies whilst claiming state pension and you didn’t inform the pension service for a few weeks, then they can claim that money back

So I’m doubtful that you can claim 27 months unclaimed pension for the reasons outlined above

Pp gave pension services number so do check it out and would be interested to hear their decision and advice

Sorry for your loss 🌺

LunaAndHerMoonDragons · 09/02/2022 10:21

@Nomoreusernames1244

Depends. My husband has had to name his “beneficiary”. I wouldn’t have automatic right to it

So who would it go to if he doesn’t name a beneficiary?

Mine is the opposite, if I don’t name a beneficiary it goes to DH as spouse. It would only not go to him if I name someone else.

Same here. Automatically passes to spouse, if no will. If no spouse and no children and no will, it would follow the same rules as for other assets belonging to a person who died intestate. Unmarried partners can only inherit with a will. This is private pensions. No idea about state ones, but given you can't backdate a claim for benefits and are only eligible from the date you make a claim I think the right stops when the person dies.
Pembertonrd · 09/02/2022 10:27

My friend carried on working after reaching state pension age so she didn’t claim it immediately as she decided to let it build up with interest.
Another friend pointed out that if she died her family would lose all of that pension so she then claimed it.

fedup078 · 09/02/2022 10:46

I got my mother's death in service payment but no one got the actual nhs pension

Nomoreusernames1244 · 09/02/2022 10:57

Another friend pointed out that if she died her family would lose all of that pension so she then claimed it

Her family wouldn’t have had it to lose? It would be paid to her when alive, and stopped on her death, whether she claimed it or not.

It is the claimant that loses out, not family. Even then, they won’t lose out unless they unfortunately die before being able to claim the increased amount.

I got my mother's death in service payment but no one got the actual nhs pension

Same thing. A death in service payment is usually bigger than accrued pension to cover dependents, lost earnings etc. you then can’t claim the pension as well.

RB68 · 09/02/2022 11:06

as executor you need to check with the people that would have paid it for a definitive answer. No one else would know if he deferred it or whatever. I personally would write in with clear questions a copy of the will and death certificate and if they need originals they will come back to you. HOWEVER I would also say using the tell us once service will forward confirmation of his passing so really you just need to identify as his executor while you establish his estate (which could include any pyts from the 27 months but obviously not going forward)