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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33516
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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what are a married womans rights on death of partner even

Resolved Question:

what are a married woman's rights on death of partner even if not living together and having lived apart for 15 years, and the husband has an established long term partner
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did he leave a Will?
Clare
Customer: replied 2 years ago.
yes
Expert:  Clare replied 2 years ago.
Hi
What does the Will say?
Was the wife in any way still financially dependent on her husband at the time of death?
Clare
Customer: replied 2 years ago.
no
Customer: replied 2 years ago.
the will is in favour of the new partner, leaving his share of the cash and property he owned with his new partner to his new partner, and on her death the joint sums to be divided between his children and the new partners children. the wife has her own property but the new partner wishes to rely on his pension.
Expert:  Clare replied 2 years ago.
Hi
Who did he nominate to receive his pension?
Clare
Customer: replied 2 years ago.

Were you asking who he nominated to receive his pension? when I clicked on the "see more" button it came up with an error message. the husband isn't actually dead! and I'm his partner of 14 years. he has nominated me to recieve the works pension if he were to die before retirement and the death in service payment.his children are now 25 and 20

Customer: replied 2 years ago.
the husband isn't actually dead! and I'm his partner of 14 years. he has nominated me to recieve the death in service payment, but as he hasn't actually made arrangements to sort his works pension, I think currently only his wife would be eligible to make a claim on that. Is that the case?

His children are now 25 and 20.
Expert:  Clare replied 2 years ago.
Hi
That does depend on the provisions of the actual Pension Provider - but in general terms yes it is likely to be paid to his Wife rather than to you.
The trustees MAY have the ability to change that on request - but there is no guarantee - so yes this is an issue that he needs to address unless he is going to go ahead with a divorce
Otherwise everything is covered (assuming that the Will is Valid)
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
So, if he were to speak to the pension provider of his final salary scheme pension he would be able to nominate me to receive what his wife would otherwise receive?

He and his wife have run their financial affairs completely separately since they parted, so can I assume she has no financial claim on him in any respect when they divorce? She is likely to have made the same contributions as he has to a pension scheme, but as he has paid a substantial amount in AVCs since their separation, would she be able to make any claim on these? She owns her own property and has bee able to support herself since their separation.

He is planning to start proceedings soon but I have become very nervous about my entitlements as I am currently totally dependant on him financially and at 60 unlikely to find suitable work.

We made reflective wills some 10 years ago during our early years together and nothing has happened since which would change our wills.
Expert:  Clare replied 2 years ago.
Hi
As I said it depends on the actual Pension scheme so he does need to speak to them to determine what the position is
There is no way of knowing what claim she may or may not be entitled to in the event of a divorce without fill disclosure on both sides - but she will have little or no claim on assets acquired post separation
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33516
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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