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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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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: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

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

Expert:  Aston Lawyer replied 1 year 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 1 year ago.
Sorry I never said no he never got signing the nomination form.
Customer: replied 1 year ago.
Sorry I'm at work and can't speak at the moment.
Expert:  Aston Lawyer replied 1 year 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 1 year 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 1 year 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: 10451
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 1 year ago.
Thank you.