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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 11137
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My husband died in December in a car accident. I have been

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My husband died in December in a car accident. I have been told I get the life insurance £10,000 .His daughter is wanting me to give her the money other wise she is going to a solicitor for it . I am also getting his pension money but it has been divided up 50% each is that right ? Should it be split divided up .
JA: Where are you? It matters because laws vary by location.
Customer: I live in Doncaster. His daughter lives in selby .I split up with my husband in 2018 but I was still married to him .
JA: What steps have you taken so far?
Customer: The daughter was told everything about were the body is and she is sorting the funeral out and doesn't want me to be involved .she wont tell me who is dealing with the funeral as she is scared I will take over .
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My children are now having a go saying they are entitled to 4.5k of the pension. His daughter Emily took it upon herself to tell them . I want to know if I am legal on paying the funeral director and what is left splitting it between the children 4 of them from the life insurance. And legal on just giving them £4000 each to my children out of the pension money . Is it legal that the pension money should be divided into two.

Hi, thanks for your enquiry and am sorry to hear of your loss.

Could you please confirm if your Husband left a Will?

Could you also confirm how much his Estate is worth? Al

Customer: replied 16 days ago.
my husband did not leave a will . his life insurance was £10,000 .which is to pay for the funeral.
Customer: replied 16 days ago.
what I want is the funeral to be paid for and what is left over to be split 4 ways x so each child get some of the money. as for the his pension there is £36,483.13 to come .Emily who is his daughter is getting 50% and she said she will split it between her and his sister and mother ? I will get 50% but have to split it 4 ways between me and my 3 kids . I've told my kids I will give them £4,000 . but Emily wants them to have £4,500 . what right does she have to any of this money?

Hi, thanks for your reply and apologies for the delay in replying.

As your Husband died without making a Will, his Estate is distributed in accordance with the strict rules of Intestacy, meaning that you as his widow are entitled to the whole of his Estate! Your husband's children are not legally entitled to anything although there is nothing stopping you from giving them a portion of the money if you so desire. As regards the pension, this will form part of his Estate and will therefore go to you UNLESS your Husband, during his lifetime, has specifically nominated it to go to someone else (eg Emily) but from what you have told me it doesn't appear that this is the case.

Before the Pension Company release the money to you, they will probably ask you to obtain what is called "Letters of Administration" which is a document issued by the Probate Registry confirming that you are his next of kin and are entitled to deal with his Estate. You can apply for this yourself or you can ask a local Probate Solicitor to do this for you.

I hope this assists and I confirm that Emily can not dictate who gets what and only you can decide if any of the children receive anything. If I have helped, I would be grateful if you could rate my answer with 4-5 stars.

Kind Regards

Al

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Customer: replied 15 days ago.
the pension has already been split into 50% by the pension company which they have not asked me to do so .are they in the right to do this if not how can this be stopped. I really am not interested in his life insurance and would of quite happily given Emily his daughter the money to pay for the funeral but she threatened me with solicitor's if I did not pay the £10,000 into her bank . what I want is the funeral to be paid and the left over money from this to be paid equally to the children as they do deserve something from this , as for the pension fund I don't know what to do with this especially now she is demanding that I pay £4,500 in equal amounts to my children which were his step children. what can I do and can you help .
Customer: replied 15 days ago.
even though I was separated from my husband but still legally married to him. I am still deemed as next of kin and not Emily?
Customer: replied 15 days ago.
I do not have a death certificate or anything like this .all this information was given to Emily and not myself ,I did not even know which corner had his body or which funeral director is dealing with him , I am not interested in the funeral and I am willing to let Emily deal with all that ,I just do not like to be pushed into a corner and told what I can and can not do .how do I get a death certificate if I do not know this information so I can apply for a letter of admission.

Hi, as regards the pension, the Company would not have distributed the monies other than in the format and in line with their policy so I can only assume your husband wanted his pension to be divided as has been.

You are still legally your husband's next of kin even though you were separated and it sounds to me that Emily is trying to railroad you into doing something you don't legally have to do!

You should really go and have a chat with a local Probate Solicitor to iron everything out.

Good luck Al