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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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I have been married to my husband years and lived

Customer Question

I have been married to my husband for 3 years and lived together for 4 years. My husband is not willing to put my name as his beneficiary on his pension form which means that after he passed away I will not be able to have his pension. He does not have any children and I have one son who is 30 years old now. What can I do to make sure that I will be looked after after he passed away? I am not working and I am 59 and he is 62 years old.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Are you pursuing a divorce or separation?
Customer: replied 1 year ago.
No.
Expert:  Harris replied 1 year ago.
Thanks for confirming.Unfortunately, during the marriage there is nothing to force him to put you as a beneficiary of his pension.You will only be entitled to make a claim towards it in the event of a divorce - and the court will consider his pensions, as well as the full extent of both your asset and income positions when deciding how to divide the assets.I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
My question is about what happen to his pension and my entailment if he passed away, not if we divorce.
Customer: replied 1 year ago.
I have been married to my husband for 3 years and lived together for 4 years. My husband is not willing to put my name as his beneficiary on his pension form which means that after he passed away I will not be able to have his pension. He does not have any children and I have one son who is 30 yearsold now. What can I do to make sure that I will be looked after after he passed away? I am not working and I am 59 and he is 62 years old. I am not pursuing a divorce or separation, I just want to know what happen to his pension and my entailment if he passed away?
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** I have been a family lawyer for more than 30 year.Please do not worry.If he has not named anyone on his pension then the Trustees will pay it to the nearest dependent relative - in this case you.Should he die you will need to contact the Trustees and inform them of your existence.Please ask if you need further detailsClare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
What if he puts his relative's name as beneficiary on his pension form, do I still have the right to have his pension ? I am going to set up a SSAS pension with my husband, we will be the trustees ourselves.
Customer: replied 1 year ago.
HI Clare,
What if he puts his relative's name as beneficiary on his pension form, do I still have the right to have his pension ?
Customer: replied 1 year ago.
My husband is not putting my name on any of his assets, Eg: properties, cars, shares and pension. And his is going make a WILL and stating that he will leave all his assets to his brother's son. What is my right? How can I claim my right in this case?
Expert:  Clare replied 1 year ago.
Please do not worry, if he dies you will be able to make a claim against his estate and are likely to get at least half of the assets - probably moreWhat you have to ask yourself is why you wish to stay with this bully!
Customer: replied 1 year ago.
Thank you!
Expert:  Clare replied 1 year ago.
You are most welcome