Fathers Pension Savings Policy

[Braveheart2009]

Hello,

 

I got a pension savings pack from my father now passed away for a large sum. The policy seems legit with a policy number, its a defined contribution policy and it has payable before death of pension age.

 

I thought the lawyer dealt with all his affairs turns out he didn't.

 

So, what does the law say on pension savings for someone who has deceased do the next next of kin, children inherit it just like property rules of intestacy?

 

Thanks.

[AndyOrch]

Have you informed them that your Dad has passed ?

 

Have you got probate ?

 

 

Andy

[honeybee13]

Hi. I'm very sorry to hear about your father. I know how it is to lose a parent.

 

With a DC pension, it's possible that your father nominated who he wanted any death benefit paid to. As Andyorch says, we need to know more please. I imagine the scheme is run by an insurance company?

 

HB

[Ethel Street]

Sorry to hear about your father.

 

There are so many different types of pensions savings policies it is impossible to give a definite answer. In general defined contribution policies pay out during the life of the person and sometimes also (at a reduced rate) afterwards to any surviving spouse. The fund value is not usually passed on to survivors but your father may have been able to nominate someone to receive any death benefits that are payable. That's a generalisation, yours father's may be something quite different.

 

Are you an Executor (or, you mention intestacy, the Administrator if your father died without leaving a Will)? If so have you got Probate/Letters of Administration yet? Who is dealing with the administration of the Estate? (You as Executor/Administrator, or the solicitor you mentioned, or someone else)?

 

If you are the Executor/Administrator send the Death Certificate to the pension provider to notify death and ask them for details of the policy, the value at date of death for Inheritance Tax purposes , and any continuing benefits payable. That's the only way you'll find out for sure.

[ericsbrother]

many of these policies pay a cash lump sum upion the death of the policyholder providing they havent taken a pension or sometimes within a year of starting the pension. He should have completed a letter of intent and that will be acted upon regardless of what any will states unless there are reasons not to. Death benefits are tax free. There may also be a spouses pension to go with it though normally much reduced. If you are administering things then you need to find out what his letter of intent says and if you or anyone disagrees with its provisions then you had better let the pension provider know sharpish. If they dont agree woth any requested changes to who get the money you will have to take the matter to the pensions ombudsman

 

You will need to see acopy of the rules of the scheme as well

[Braveheart2009]

Do you need to register to become an executor or administrator? I dealt with all his affairs after death, something that the lawyer was supposed to do but didn't.

[honeybee13]

Did your father leave a will, BH?

 

 

HB

[ericsbrother]

depends on the value of the estate. banks will deal with you on your say so (copy of death cert) if the account is relatively trivial but if we are talking of many thousaneds then you need to pay the govt for thepapers to make you administrator. If there is a will then that will name the executor and that person has the right to deal with all matters and you can only act with their say so. the executor isnt necessarily the solicitor.

Contact the pansion co and ask them, that is the easiest thing and when they tell you what they expect go from there. they might do it based on death cert as it will fall outside of the provisions of the will (if there is one) if the letter of intent makes it simple for them

 

 

 

Do you need to register to become an executor or administrator? I dealt with all his affairs after death, something that the lawyer was supposed to do but didn't.

[Braveheart2009]

Hello,

 

I am an executor for my late father who left a pensions policy with no will, however they asked me if I was financially dependent on my father I said no does that mean me or my mother will be denied the proceeds of the pension?

 

Thanks.

[honeybee13]

Hi.

 

I've merged your pension threads. You don't need a new thread for each question, it helps the advisors if the information is kept together.

 

Have you asked the pension provider to give you details of the policy and what it can pay out? I imagine it has provisions for dependants other than your mother and that's why they asked you the question.

 

Andyorch asked earlier in the thread if you've obtained probate?

 

HB

Edited August 31, 2018 by honeybee13

[honeybee13]

Can you tell us the pension company this is with and the name of the policy plus when it was taken out? It could help us to advise you.

 

 

HB

[honeybee13]

I just noticed that you've said you're executor but that there's no will. Does that mean you're administrator of the estate?

 

 

HB

[Ethel Street]

I'm a bit confused Braveheart2009 about what's happened with your late father's Estate generally.

 

(1) How long ago did he die?

 

(2) Did he leave a Will? If not this gov.uk page explains who is entitled to administer the Estate https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will and this page who can inherit the Estate https://www.gov.uk/inherits-someone-dies-without-will

 

(3) If there is no Will you cannot be the Executor or get Probate. But you can apply to be the "Administrator" and to be issued with "Letters of Administration". Have you done that? (In practice they are equivalent to being an Executor and being granted Probate). You can apply direct yourself or you apply through a solicitor.

 

(4) The most likely reason the pension provider was asking about whether you were financially dependent is that the pension policy pays out a discretionary death benefit - "discretionary" meaning that who receives it is at the discretion of the pension provider. Typically the pension provider would have asked your late father to nominate who is to receive the pay out. Do you know if he did? Usually the pension provider will always pay out to someone, it's their choice who to pay it to. It's done that way so that the pay out does not form part of your father's Estate and therefore won't be subject to Inheritance Tax. But all this is guesswork, no-one here knows what the policy actually says. The questions you are asking here you need to ask the pension provider. They are the only people who know what it actually says.

 

 

(5) What about the rest of your father's Estate, other than the pension policy? Was it large? Did he own a house? Have a lot of savings? What's happened to those?

[honeybee13]

I agree, Ethel, answers would be very helpful.

 

Brave heart has another thread about selling a property, I'm not sure if it's connected with the estate as the other thread needs answers too.

 

HB

[Ethel Street]

 

(2) Did he leave a Will? If not this gov.uk page explains who is entitled to administer the Estate https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will and this page who can inherit the Estate https://www.gov.uk/inherits-someone-dies-without-will

 

(3) If there is no Will you cannot be the Executor or get Probate. But you can apply to be the "Administrator" and to be issued with "Letters of Administration". Have you done that? (In practice they are equivalent to being an Executor and being granted Probate). You can apply direct yourself or you apply through a solicitor.

 

 

That's assuming your father lived in England. If he didn't then ignore what I posted about Executors/Administrators.

 

I've noticed from a post of yours some months ago on another topic that you are in Scotland. If your father lived in Scotland and his assets are in Scotland then the procedure when someone dies with or without a Will is different. See this Scot Gov explanation of what happens in Scotland.

 

https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceased%27s-estate-in-scotland