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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34129
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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Hi,My husband and I had a good marriage for over 28 years,

Customer Question

Hi,

My husband and I had a good marriage for over 28 years, however he was off work for at least 22 years with Depression and I worked from the birth of our second child throughout the marriage. However due to many reasons I found that in 2009 I could not stay in the marriage and at the same time met someone else. The same year my husband was diagnosed with Motor Neurone Disease. Throughout his final years I stayed in very close contact with him helping him with carers, hospital appointments and medical issues. We had 3 sons and I and they were with him until the end. However in the October of 2010 he divorced me and then died in January 2011. He had taken out his small works pension when he was 50 and he died before any financial arrangements were entered into. Our youngest son is still in university and my husbands pension scheme is playing games with his quarter share of the pension as he went to uni for a year but due to depression pulled out. he has now gone back to uni but is having problems trying to get any money out of the pension scheme. Am I entitled to make a claim on the pension still 3 years after my husbands death. I was the only bread winner all of the marriage and he only had his pension for ten years.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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.
I am not clear what is currently happening with the pension - could you explain that please
Clare
Customer: replied 3 years ago.

As far as I know nothing. I have only had dealings with the portion the noys tried to claim for being in full time education.

Expert:  Clare replied 3 years ago.
Hi
Did anyone ask them who your ex had nominated to receive his pension?
Clare
Customer: replied 3 years ago.

No I do not know if hegot around to that before he died

Expert:  Clare replied 3 years ago.
Hi
Who dealt with the administration of his estate?
Clare
Customer: replied 3 years ago.

My sons and a solicitor. He had no money just debts and I cannot remember the pension ever being discussed. I contacted them on behalf of my sons for their portion. It did say that a wife had to bemarried and living at the same address at time of death to qualify her half share?

Expert:  Clare replied 3 years ago.
Hi
I am afraid that there is no way that you can make a claim on the pension in your own right - you chances of that ended at Decree Absolute
However your sons should have received provision and you should ask for a copy of the Pension terms and Conditions so that you can ensure they have their proper entitlement
I hope that this is of assistance - please ask if you need further details
Clare

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