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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20343
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Father passed away leaving no life insurances or will. Divorced

Resolved Question:

Father passed away leaving no life insurances or will. Divorced from mother 8yrs this year, I am the only child. Have found a works pension, stating death in retirement, The unpaid balance of 5yrs pension payments, at the date of death, will be paid as a lump sum : Spouses Pension £1,821.12pa.

Then it states: Children's pension: The pension scheme will pay a pension equivalent to the Spouse's pension split between a maximum of 4 eligible children in the absence of a spouse. I rang the company and asked if this was the case as mother and father divorced. They said they would send out relevant paperwork and take it to the board to decide who would be given it. We have no way of paying for fathers funeral as have also been refused help by funeral fund. Where do we stand please.
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousand's of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that case.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

What is the value of the estate?
Customer: replied 1 year ago.


Father lived in a council flat, overdrawn in bank account, no money anywhere, just this pension from work. It states he had a lump sum of £16,983.77 in 2009 and total pension was £3,642.23pa. I am not sure I have answered what you require? apologies but I don't think there is any Estate.

Expert:  Stuart J replied 1 year ago.




Thank
you. The first charge on your late father's estate is the payment of funeral
expenses.

Whoever
arranges the funeral is responsible for paying for it although they are able to
reclaim it from any money left by your father or to which he is entitled to.



If
there is no money, the local authority will pay for the funeral but you need to
get that agreed before instructing the funeral director or, advise the funeral
director that you have no money to pay for the funeral and neither does your
father and that it will therefore have to be arranged by the local authority.
They are used to doing this and will know who to contact.



With
regard to the pension, if some money does come to the children (which seems
highly likely on these facts) it should be used to repay the local authority
first.



Does
that answer the question? Can I help further? Can I answer any specific points?



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Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20343
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 4 other UK Law Specialists are ready to help you

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