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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10656
Experience:  30 years as a practising solicitor.
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My ex husband who was a partner in the same law firm for almost

Resolved Question:

My ex husband who was a partner in the same law firm for almost 40 years and who had just retired died in July 2012.he left a will leaving his entire estate worth almost £600000 to our 2 children with the exception of his personal effects worth about £12000 which he left to his partner of 2 years aGP and teaching doctor.his pension worth about £200000 and I believe classed as estate in England was paid out to the solicitors for the estate over a year ago but the solicitors are holding on to this as the partner has made a claim on it. Claiming she was dependent on my ex husband.she lodged a complaint with the pensions ombudsman and apparently the pensions company are now reviewing their decision.she maintains that my ex husband was going to make over his pension to her and that she had made over her pension to her but we only have her word for this as this he never did.they had only been together for 2 years.she owns a house worth almost half a million works as a GP and teaching doctor has bought a flat for her son and will have a very substantial NHS pension.they we're not marriedthe solicitors for the estate say they cannot pay the pension monies out to my children as they could be personally liable and say all that can be done is to await the outcome of the pensions company's review

My question is tis.can the pensions company now reverse their decision after already paying out.the solicitors for the estate say that if the pensions company were to make any decision in favour of the partner that this would be unprecedented and also are the solicitors within their rights to hold on to this money.what can my children do about this.the solicitors have told my children that any action taken would have to be through the High Court in London

Apart from the pensions monies the rest of my husbands estate was in Scotland.he died do icicles in Scotland as he lived all his life there.the solicitors for the estate are based in Scotland
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

It would be very very unusual for a pension company to pay out to a partner where the deceased had not made a specific nomination to that effect. I don't of course have access to the scheme rules for this particular pension but I don't see that she can make a claim simply on the basis that she says that your husband had intended to make over the pension to her. That, without evidence, is not good enough. If anything the evidence is the opposite given the terms of his will.

Your children have to get their own lawyer, NOT the estate lawyer and fight this.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10656
Experience: 30 years as a practising solicitor.
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