How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10346
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

My husband passed away the 3rd of June last year. He was

Customer Question

Hello, my husband passed away the 3rd of June last year. He was only 54,I'm still waiting for the death in service money to pay out, I received a letter on Monday stating his daughter of 13yr old and myself will receive 50 50. He hadn't seen his daughter since she was 4 but paid child maintenance up to his death. I was just wondering is that correct or should I challenge it!! I have to send the form back by the 8th of July.
Sinead
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.

Sorry, I didn't mean to respond to this. I will opt out for others

Expert:  Aston Lawyer replied 8 months ago.

Hello,

Thanks for your enquiry.

As regards ***** ***** Service payments, these would be payable to the Estate (ie the person appointed as Executor in the deceased's Will or their next of kin- ie yourself), UNLESS a nomination form has been completed by the deceased confirming who is to receive the payment and I what percentages.

I therefore believe that your husband must have completed such a nomination form, requesting that both you and his daughter are to receive 50% each. If so, I 'm afraid there is nothing you can do to dispute this. You may of course want to ask for confirmation that such a nomination was made, if you wanted peace of mind.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

If I have helped, I would be grateful if you could rate my answer.

Kind Regards

Al

Customer: replied 8 months ago.
Sorry I never said no he never got signing the nomination form.
Customer: replied 8 months ago.
Sorry I'm at work and can't speak at the moment.
Expert:  Aston Lawyer replied 8 months ago.

Hi Sinead,

Thanks for your reply.

Are you 1005 certain that your husband did not complete a nomination form?

Could you confirm if your husband left a Will and if so, who is the Executor and has Probate been obtained?

I will look forward to hearing from you as and when you can reply (I am online more or less all day).

Kind Regards

Al

Customer: replied 8 months ago.
I'm 100 percent as HR told me they were saying that is why it's taken so long to sort out. He had no will at all.
Expert:  Aston Lawyer replied 8 months ago.

Hi,

Thanks for your reply.

As your husband did not make a valid will his estate (and the monies due from his employer) passes under the intestacy rules. These rules give a set order of priority starting with any surviving spouse or registered civil partner, followed by children and then remoter relatives.

A surviving spouse will, as long as the estate is solvent, be entitled in priority to the first tranche of the estate as well as to the role of administrator. This amount will be the estate up to £250,000 if there are children or up to £450,000 if there are no children.

Therefore, as long as the employer is sure that the estate is solvent and that the employee was married at the time of death and that there isn't a will, it is usually safe to make payments up to these limits to the surviving spouse- ie yourself!!

I would therefore suggest that you go back to them on the above basis.

I hope this helps.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10346
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thank you.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions