Private Pension when spouse dies

[Ma79rie]

My husband died and his private pension company want to pay the fund : smallest part to me then larger split between our 2 dependent children and daughter from 1st marriage. This means daughter from earlier marriage is awarded thousands more than me. I have pointed out she was never a dependent . She was already married when I married her father, She is financially secure. Plus she was not close to her father me or our two children. Husband did not complete an expression of wish. How can I accept this after 21 years and 2 children ?

[YvonneM]

Dd he make a will

[Rollo]

The Trustees of the Fund have to act in accordance with the Rules of the Fund.

You need to get a copy of those Rules to see what they say given your particular circumstances. In particular, you need to ascertain what discretion, if any, the Trustees have to decide on how the benefits will be paid.

[Ma79rie]

yes Yvonne. He said I was not to get anything!

[cassa333]

He said you should get nothing and you want more than the share the ins company are going to give?

Why did he not want you to have anything?

[Ma79rie]

Because I had moved out after many years of abuse and his unfaihfulness.
He was a bully in all senses. He thought it my duty to work full time do the housework look after him and the children cover the diy jobs at home. He had been retired 8 years.

[baileybird]

I am suprised you got anything if he expressed a wish that you were not to. I am not saying that you shouldn't get anything.
However, his 1st daughter is as much his child as his 2nd and 3rd child, so is entitled to every penny she has got. It makes no odds whether she needs the money or not.

[Beanmistriss]

You can accept it because she is his child. You married a man who had a child, you can't just ignore her cos it doesn't suit you

[bednobs]

well to be honest i agree with the above. The daughter WAS a dependent when she was a child, so it's not true to say she has never been. you say she was not as close to the man as you, but it would be hard to imaine anyone further away than you! As long as the trustees are distributing in accordance withthe rules, yyou will have to accept it

[tamborine]

1975 Act for dependants.....use legal aid if possible. U r entitled to 50% of his assets.

http://www.manches.com/practices/family/articl e.php?id=124

[Ma79rie]

perhaps I have not made myself clear. This was a private pension started during our marriage paid from joint money. I have not received any money from our joint assets at all. The child from his 1st marriage is in her 40 s whist the children from my marriage to him are srill dependants.

[buildersmate]

Rollo is on the right lines - the rest of the answers are merely chatter.
This is nothing to do with wills, making claims against estate using legal aid or whatnot - this is to do with the rules of your late husband's pension scheme.

You are confirming that your late husband did not fill in a death nomination wish form - which would have prevented all of this heartacre - so ask the pension trustees for a copy of the rules that determine their rights to vary the rules of the scheme to make payments to different dependents.

They may have no discretion to do anything different from what has been suggested - it could be what the scheme rules say.