How To Prove I Was Financially Dependent On My Uncle

[Ljuk]

Hi I'm 20 years old and have lived with my uncle since I was 5.My uncle died recently and he left a pension.There was no will left.The pension will not pay me out as they need proof that I have been financially dependent on him,Since a child.How do I prove to them and what do they want me to send them.Im at a complete lost.Can anyone help me with this please

[sapelesam]

I would ring Citizens Advice, ask if they can recommend a local solicitor who will give you an hours advice free or a low fixed fee. This is very complicated and legal advice is crucial.

[Buenchico]

It might be better to tackle the problem a different way. The pension provider (and anyone else who has control over your late uncle's estate, such as his bank) are obliged to pay out in accordance with the rules on intestacy. They have no choice in the matter. However someone who has been financially dependent upon a deceased person can apply to a court for an order varying the rules of intestacy, under the Inheritance (Provision for Family and Dependants) Act 1975. A court should be satisfied that you were financially dependent upon your uncle simply through you swearing an affidavit to that effect. Once you have a court order stating that you should benefit from your uncle's estate, the pension provider (and, say, his bank) will be obliged to ensure that you get something.

[Note: I've simplified that a bit. There is actually a requirement for someone to seek a 'grant of representation', in the form of 'letters of administration', allowing them to distribute your uncle's will in accordance with the intestacy rules or, if your application for a court order is successful, in accordance with the provisions of that order].

So, as Sapelesam suggests, you're going to need the services of a solicitor.

{A further note, which has just crossed my mind: In order to convince a court that you were financially dependent upon your uncle, you would need to show that such a financial dependence applied immediately prior to his death. e.g. if you're a university student and you were being funded through your studies by your uncle. Showing that you used to be financially dependent upon him, although you're not now, wouldn't be good enough. However you could still seek to convince the court that your uncle stood in the role of a parent and treated you as his own child. Then, even if there was no financial dependence immediately prior to your uncle's death, you can still ask the court to vary the inheritance rules in your favour]
http://www.legislation.gov.uk/ukpga/1975/63

[sapelesam]

Excellent answer Buenchico, my concern was that people with limited exposure to law often view solicitors with suspicion. I always recommend asking for a free initial consultation, the solicitor can always say no. Then move on to the next one.

[Barmaid]

Unusually, I am going to disagree with Buenchico.

Many pensions fall outside of the estate because they are effectively written into trust at the time of taking them out. The Pension Trustees often have a discretion as to whom they will pay out to. Your first step is to ascertain whether the pension falls in or out of the estate. If the pension is in trust and the trustees have a discretion, I would write a short statement saying that you lived with your uncle from age 5 and that he paid for x, y and z. One thing you could do is send a copy of your bank statements and point out (for example) that you have no or limited income and the bank statements show that you were not making payments towards rent, council tax, food etc. Or if you can show transfers of cash. Its a bit difficult to advise on precisely what will help because we do not know your situation.

The Act Chris mentioned (the 75 Act) could well be useful - but I would use this as a matter of last resort. It is NOT the case that you simply swear an affidavit, get a Court Order and then the Pension Trustees have to give you something. It is full blown litigation. You have to issue a claim, this will involve a claim form and full evidence. All the intestacy beneficiaries would have to be involved. They also have the right to file evidence. There then has to be a trial. Really I would not suggest you go down this route until you have established the actual status of the pension.

It may be that you are the only beneficiary entitled on intestacy in any event. Did your uncle have any children or are there any other relatives who survived him?

[Guilbert53]

A pension normally only applies to the person whose pension it was and perhaps a husband or wife (it depends what the person whose pension it was specified in their paperwork).

For example I (male) have a company pension but if I die before my wife she gets a half pension because that is what I specified.

But I would have thought just because you were financially dependant on him does not give you the right to continue to get his pension.

If that were the case then when anyone with a pension dies their children could say they want to carry on getting it, then THEIR children carry on getting it, and so on.

It has to stop somewhere.

[Barmaid]

Most pensions will only pay out once Guilbert and will normally pay out to the person in most need. Yours is obviously different because you have specified it. There are SO many different variants. Every single pension scheme is different and has different quirks and nuances.

[fiction-factory]

Yes, I thought that you had to nominate a dependant to receive your pension in the event of your death and it was then in the discretion of the trustees as to whether to accept it .
As to whether you can apply to the Trustees after the member's death to be the be the recipient I wasn't aware that could be done but if Barmaid says it's possible then I'm sure it is

[Barmaid]

Very common FF. Many pension providers have the option for you to not nominate anyone and it is at their discretion.

[Ljuk]

Thank you everyone for your advice.I need to explain this properly as I've only wrote the basic before hand.In the year of 2001 my uncle went to Thailand and met a Thai lady.He bought her back to england and they married.The marriage was a shams and need to say after she got her own uk passport she fled.from the year of 2004 up until November last year when my uncle died, my uncle hadn't of spoke to her and didn't even know where she was.Infact none of my family did.That was until last month.She must of heard that my uncle had died.And has now reappeared !! Im now worried that she may try to claim this pension.My nan (uncles mother) had wrote to the pension trust and explained the situation,but they were not willing to pay my nan even thoe she was my uncles next of kin, so she told them about me and how my uncle had bought me up due to my own mothers ill health.And they wrote back to my nan saying they need evidence that I was financially dependent on him.So what the big question is will my uncles ex thai wife(who took him for a ride) get his pension.Also can I add that my uncle had this pension years before they had even met.And had stopped paying into this pension pot way before they married .Sorry if this goes on abit,ive explained this the best way I can.Also my uncle never got around to writing a will as he passed away suddenly at the age of 48 and no one see this coming.I have now moved into my nans house.And finding this very hard to cope with.

[kvalidir]

Are they actually divorced, or were they still married at the time of his death?

[Barmaid]

If they were not divorced, the Pension company will likely pay it to her. She is also entitled to all of his estate under intestacy.

The type of evidence you should put forwards is as I have set out above. In view of the estrangement, the pension company may favour you, but there are absolutely no guarantees. The likelihood is they will consider the widow.

[fiction-factory]

This looks like a minefield. Your nan tried to claim she was entitled to his pension (no chance i'd have thought as she wasn't dependent on him and presumably wasn't nominated), then you try to claim (and that will need to be evidenced, eg who was claiming child benefit since age 7). I can see why the pension company would need to be very careful as they are the trusees of the pension scheme members' fund).
And now his wife will presumably be looking to claim.