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Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.
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Was your mother and your step-father legally married?
Under UK law, if someone dies without a will, their estate becomes subject to the rules of intestacy. Under these rules, only married or civil partners and sometimes specific close relatives (children) can inherit from the estate.
As your mother was married and survived by a spouse and children, the spouse inherits the personal effects or chattels of the deceased, the first £250,000 of the estate, and half of the remaining estate. This means that in cases where the estate is less than £250,000 the spouse or civil partner will inherit the whole of the estate;
As the surviving spouse, your stepfather is entitled to £250,000 of the money in the bank. The excess will go to you, and if you have any other siblings, you will divide amongst yourselves the remaining.
Has the Pension Office been advised that your mother has died?
You can also call the Pension Office to ask for the details about your mother's pension, like has she nominated someone to receive it after her death. As you have said that your mother wants you to have her Council Pension.
Why don't you try calling them again or go to their office to ask for an update?
Then you may file for a "challenge a benefit decision". If you disagree with a decision about benefits, you can ask for the decision to be looked at again - this is called ‘mandatory reconsideration’.
You can do this if any of the following apply:
You can use this form to file : https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/683380/if-you-disagree-with-a-decision-made-by-dwp.PDF
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