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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My mother in law and farther in law have not lived together

Customer Question

My mother in law and farther in law have not lived together for over 40 years. They did not divorce however my farther in law had a common law partner ( living with his girlfriend).
My farther in law has since passed away and we would like to know whether my mother in law have any rights to claim on his pension?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did your father in law leave a Will?
What assets did he have?
Customer: replied 3 years ago.

My father in law did leave a will which states that he leaves all his estate to his girlfriend. This then goes to his four children in the event of her death within 28 days.

We have yet to see what assets he has for, we have not seen the hard copy of the will, only what looks like the 1st page via email. I do know it is DIY will, but I am unsure of how many pages they have.

Expert:  Clare replied 3 years ago.
Do you know who his private pension was with?
What happened to the former matrimonial home and was your mother in law still in any way financially dependent on her ex?
Customer: replied 3 years ago.

His private pension was work related CARICOM is the name of the company he worked for.

I have contacted them to see what the spouse is entitled to and was informed that it is 50% of the pension.

What I do not know is whether this would apply to her.

I do not know about the former matrimonial home, as far as I know they did not have any contact with each other.


Expert:  Clare replied 3 years ago.
Did you ask the the pension Provider if the pension could be assigned elsewhere?