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Personal pensions problems - please help!!!


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Hi, my friend's husband has just died aged 60 leaving nothing for the family apart from several private pensions. The problem is that, although married and loving towards each other, my friend and her husband have lived in separate houses (different towns too) for many years. He was impossible to live with on a daily basis so the separate houses thing worked well and allowed their marriage to continue albeit in a different long-distance sort of way.

However, he never signed a form (which the pension companies say he should have done) to make his wife the benefactor of the monies. They don't yet know about the separate living arrangements but my friend is sure that once they do they will say she is not entitled to anything because he didn't sign 'the form'.

A solicitor has told her to pretend they were living together but surely they have only got to check her name on the electoral roll to see this is a lie?

As next of kin she should surely be entitled to this money, which she desperately needs and which her husband contributed to for many years and intended her to have? However, I also know that the law is not straight forward.

Does anyone have any knowledge in this complicated area? I would be so grateful for any advice.

Thanks for reading.

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Firstly, tell your friend to stop worrying about living in two houses.

 

Many people own two houses these days and it really is not that far to go to imagine that some people live in two seperate houses, and in any event, they were still legally married and presumeably can obtain witness evidence to corroborate that, if necessary, the couple were still much in love etc etc (children would be the best bet).

 

To the best of my knowledge, living at another adress to your partner does not anull a marriage. Divorce solicitors would be grinding their teeth in horror if it was that easy to get out of legally binding things such as marriage etc...

 

Turning to other legal matters did the husband die intestate etc? If she has probate or 'letters of administration' then she should be able to deal with the matter much easier than if she hasn't.

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