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Can Mother claim on my deceased Father's pension?


Chopper7
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I'm posting this on behalf of my Mother who is looking for some advice. My Father has unfortunately recently died. He and my Mother separated about 20 years ago. A few years later they were granted a Decree Nisi but for various reasons never followed up to get a decree absolute. My Father has been living with his partner(aged 59) for about 19 years, but obviously they never married. My question is has my Mother(aged 68) any claim to my Father's private/state pension? She has her own small private pension and her own state pension. As I understand it, her state pension is based on the years she was in work i.e. not "claiming" the years she was married to my Father when she was a housewife and Mother and not in work. I would be most grateful for any advice you can offer. Many thanks.

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As far as I know state pension stops being paid to the deceased when he/she, well, deceases.

Any allocation of private pensions usually goes to the person that the deceased has nominated in his/her will. Failing that, next of kin, if the pension is to continue and nobody contests it.

In any event a widow will be entitled to her own state pension based on her earnings plus a top-up called Pension Credit to bring it up to a level that has been determined is necessary to live on.

At present, if there is no other income, that level is £148.35

It may be advisable to seek legal advice in such circumstances.

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Section 25 of the attached document might help.

 

 

[ATTACH=CONFIG]54371[/ATTACH]

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IMHO, it would be worth a call to the DWP - I am sure they will be able to advise.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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