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Private Pension overpayment on death. Demanding repayment from widow


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Hi,

My father-in-law received an overpayment on his private pension just before he died last year. Unfortunately he left nothing in his estate (apart from about £6k of debt). Now the pension company is demanding repayment of the overpayment from his widow, who was part of his scheme.

 

I realise that a wife (or anyone else for that matter) is not responsible for her husbands debts when they are solely in his name. However, as she is receiving part of the pension, they are demanding that the overpayment be taken from her pension payments.

 

I`m a bit stuck, as the pension is "sort of" linked between them but as far as I can see she shouldn`t be penalised, as the overpayment went into the black hole of his debts when he died.

 

As you can imagine, my mother-in-laws finances aren`t brilliant either so, although it`s only about £100, it`s going to be a bit of a knock.

 

Are they able to demand this or are they just trying it on in the hope that she accepts the debt?

 

Any advice gratefully received.

 

Thanks,

Paul

Edited by honeybee13
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What she should do is to ask for the pension companies written explanation as to the legal or contractural basis for them to deduct the overpayment, from the pension payments due to her. She should ask them to supply a copy of any law or part of the contract, which enables them to do this.

 

I suspect that the pension being combined in some way, allows the overpayment to be clawed back and if this is the case, she could ask for this to be done over a period of time, as she is currently experiencing some hardship.

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