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Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I am a widower. My wife died 14 years ago leaving myself and

Customer Question

I am a widower. My wife died 14 years ago leaving myself and a 4 year old. I have always been confused as to why her modest Teachers' Pension was paid to him - and not me. I did tried to raise the subject with them some years ago but was firmly told that they do not make mistakes. However, as my son is 18 they are going to bring the pension to an end this year - but what if it is rightfully mine? As I understand it would continue on. I am sure there is some mistake here as even their letter are sometimes address to my son but other time to myself.
Submitted: 3 years ago.
Category: Law
Expert:  Kasare replied 3 years ago.
Hi thank you for your question, I will try to assist you with this.

The Teachers’ Pension Scheme pays the pension to a members beneficiaries. However, that is not simply you as her spouse/widower. Under the pension scheme the member is entitled to nominate who gets the benefit of the pension when they die.

The fact that this pension has been paid to your son must mean that he was the nominated beneficiary of the pension.

Have you got full copies of the pension documentation? If so, does this mention the nominee? If not, have you asked the pension fund for a copy of the last nomination fund? More often than not, these companies cannot discuss on the telephone as they cannot confirm who they are speaking with. I would recommend writing to them providing a copy of the grant of administration/probate and asking them for this information.

It is likely that they have not made a mistake and your wife nominated your son, but it is worth checking.

It is also worth noting that under the older scheme, I believe if a child was nominated, then this pension remains in force until they complete full time education - which includes university if he is planning on going.

If you have any further questions regarding this, please ask.