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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
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.
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