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husband died - surviviing spouse received his pension, have beent old there is more money from his pension to be paid out?


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Could you please give a little more detail and ask a question? Mike

Sorry question was very vague, not sure you can advise but husband whom I was separated from died in August, he made my eldest daughter his next of kin - I have received from clerical and medical some money and have been told that this is his state pension? I assumed it was not as state pension comes from the government? my eldest daughter said their is further money from a loan with my name on but she claims she will be having it as she said my husband did not want me to have any of his money - I subsequently found out about the money I have received through contacting clerical and medical only to be told any money goes to his surviving spouse if he didn't nominate my eldest daughter to have it? am I correct in all of the above?

This sounds like a pension scheme which was contracted-out of the state second tier pension scheme.That would have had 2 portions. The first portion would have been that related to the contracting-out. The benefit of that portion would be payable to the legal spouse, if there was one. As you were only separated, you were still his legal wife at the time of his death, so would be the beneficiary of that portion. The remaining portion would be payable by trustees under a discretionary trust in order tio avoid Inheritance Tax. They would have asked him to complete an Expression of Wish form to nominate a beneficiary. They would not be bound by that declaration, but rarely differ from it. They would also take into account his will if he left one and his status at the time of his death. They should follow the same procedure if he had not nominated a beneficiary. They are able to pay to anyone within a group defined under the terms of the trust. That would normally be close relatives and financial dependants. As you were separated when he died, they might well decide that, bearing in mind that you were the beneficiary of the first portion, his children would be more appropriate beneficiaries of the discretionary portion, unless you were substantially dependant on him at the time of his death. Any benefit due to children would only be paid direct to them if they were over 18. If under age, it would be paid to trustees to look after until they reached 18. Each child would be considered separately. Does that sound like your situation? I hope it helps. Mike

Hello Yes this is very helpful but thought a state pension would come from the government and not a private company ie Clerical and Medical? regards

It isn't a state pension. That terminology is misleading. It is in lieu of the second tier state pension. People were allowed to contract-out of it if their own pension provision was better. It was allowed because in 1978 when the second tier first started, there were many good Final Salary pension schemes which were providing better benefits than the state second tier pension. They also permitted personal pension schemes the same right. These were initially sold by insurance/assurance companies, such as Clerical Medical, but other savings institutions joined in. Mike

Hi Mike Many thanks for the information - things seems a bit clearer now, although the money i have received from clerical and medical is in dispute with my eldest daughter as she was adamant her father didnt want me to have any of his money, i have said to her if thats was the case then when we separated why didnt he changed this over to her as she claimed she is the next of kin? regards....

Just tell your daughter that the one portion has to be paid to the legal spouse by law. Better still, get Clerical Medical to tell her. But for the contracting-out, you would have been entitled to a higher widow's pension from his record from the state, provided that you are old enough to receive one. Mike