Pension Pot

[Bazman76]

My Mother passed away 6 moths ago, leaving her entire pension pot to my sister, we were advised that this could not be challenged.

My Mother and Father were in the process of getting divorced when my Mother died.

Now my Mother's pension company have contacted my Father to ask him what was the date of separation for him and my Mother, so it seems that things may not be as clear cut as we thought.

Is my Father entitled to a share of my Mother's pension? To be clear the date of separation was very close to the date of my Mother's retirement so almost the entire pension pot would have been built up during the marriage and the divorce was never finalised.

Thanks in advance

[Sam101]

Were your mother and father separated and if so how long before she died, Also does your father have a pension? Answers can be difficult when only a few facts are disclosed.

[Bazman76]

They initially separated in 2005 and my Mother retired in 2007, my Father has a small state pension not even the full entitlement because of his limited work history. Not sure if this makes a difference but they remained close for a decade after the initial split, seeing each other every day with my Father continuing to shop and cook meals for both of them for over a decade after the initial split. Thanks for your help happy to provide any other details you may need.

[Sam101]

I suggest that you find a firm of solicitors that are used to dealing with the challenges of Wills as there may well be a case to challenge but no guarantees. I believe that any settlement would take into account all assets including any pension payment, but others may reply with more details