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No will advice

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  • No will advice

    Ok I will try keep a long story short.

    my dad recently passed away, he had some money saved and a pension which dates back an awful long time.

    To make things easier he has 4 children from his marriage to my mother and two children with his partner but they are not married. My father and mother divorced in 95 I believe.

    With my Father and partner not being married any pension etc would be divided up amongst his 6 children but we have collectively agreed that any money would be given to my father's partner.

    Now to the tricky part. From what I have been advised is that my biological mother is listed as the beneficiary on his pension which is an oversight on my father's part as the pension was in place before my parents divorced.

    I do not believe that my biological mother is aware that she is listed as the beneficiary but with their divorce does that not remove her as the beneficiary or where do we stand. We have no intention of laying claim to the money as we all want it to go to my father's partner but we do not know what we should do at present. Any advice would be greatly appreciated.

    regards
    Tags: None

  • #2
    I may be wrong about this, but my recollection is that the law has a legal fiction which deems that the divorcing couple died, the day before the decree absolute is granted.

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    • #3
      You should contact the pension trustees, and explain the position.
      It would seem that the pension has been set up under a trust arrangement, and you father was asked to nominate the beneficiary.
      Your father has nominated your mother to receive the benefit, but whilst the trustees will take his wishes into account, they are not bound by them.

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