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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31609
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My brother died intestate on 11th March 2022. He was living

Customer Question

My brother died intestate on 11th March 2022. He was living in the Dominican Republic with his wife. I am helping his widow investigate what pensions she is entitled to. I called the W&P regarding his state pension, it transpired that he had not claimed his state pension. However, the HM Revenue & Customs sent me a cheque for over paid tax covering the tax periods 2016-2017 and 2017-2018, in the amount of £1,842.47. I banked this cheque on Friday and will arrange for the funds to be transferred to his widow in the coming few days.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I have not spoken to a lawyer. I live in Surrey.
JA: What steps have you taken so far?
Customer: im merely trying to help his widow who does not speak very good English
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i have contacted all of the pension companies that we had uncovered he had policies with.
Submitted: 10 days ago.
Category: Law
Joshua
Expert:  Joshua replied 10 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

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Expert:  Joshua replied 10 days ago.

I'm very sorry to read of the above and please accept my sincere condolences for your loss.

  1. From what you say, do I presume correctly that your brother was at least at one  point resident in the UK please?
  2. how may I assist in relation to the above?

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Customer: replied 10 days ago.
he was a UK citizen and lived in Scotland. He emigrated to Florida and then Dominican Republic.
Expert:  Joshua replied 10 days ago.

thank you. How is it that I can assist in relation to the above please?

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Customer: replied 10 days ago.
I just want to make sure that I’m not doing anything wrong. He has 2 daughters but as I’m only dealing with his Wills they wouldn’t be entitled to anything. Also I cashed the cheques but will be sending this overpayment in tax to his widow. I don’t believe his daughters would have any claim on that money. Is this correct.
Customer: replied 10 days ago.
Did you get my message?
Customer: replied 10 days ago.
Are you still on line?
Expert:  Joshua replied 10 days ago.

  1. from what you say, your brother did not leave a will and is married with two children. Is that correct?
  2. also from what you say, you are acting with the consent of his wife?

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Customer: replied 10 days ago.
that is correct. She has asked me to help her.
Customer: replied 10 days ago.
he has 2 daughters.
Expert:  Joshua replied 10 days ago.

thank you. Under the noncontentious probate rules, your brother's wife would have the right to administer his estate. However, if you are acting either informally on her behalf or under a power of attorney, I cannot see that there are any particular issues that need concern you. You may want to ask his wife to give written authority to act on her behalf so that you have something in writing to confirm her authority in this respect but if you are paying her in the amounts you obtain on her behalf without deduction and not paying any other parties, I cannot see any particular scope for any consequences even without this written authority

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Customer: replied 10 days ago.
He does not own property and from what I have found our so far, he did not claim his state pension. He may be entitled to a merchant navy pension and I have been in contact with them and sent original death and marriage certificates. I have been told that I will receive a reply shortly.
Customer: replied 10 days ago.
I will ask her to send me written authority, just to make sure of my position. Thank you for your assistance.
Customer: replied 10 days ago.
I confirm that any monies I receive will be passed to her in full.
Customer: replied 10 days ago.
Do I need to be concerned with regards ***** ***** that his daughters might issue?
Expert:  Joshua replied 10 days ago.

providing you can clearly show you are acting as your brother's wife's agent in this respect, and hence possibly the importance of obtaining written confirmation on this point from her, then any claims the daughters may have would be as against your brother's wife and not you as her agent in the above circumstances

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Customer: replied 10 days ago.
Thank you very much for your advice.
Expert:  Joshua replied 10 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

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Expert:  Joshua replied 9 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.

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