Probate help please

becks1980

becks1980

becks1980

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uk
Hello all I am new to this forum and found you through a google search.
I am looking for some advice please my step dad (mums partner for 20years) sadly passed away a year ago. He didn’t have a will as he passed away unexpectedly. He was working and had a pension. As they wasn’t married they was saying she isn’t untitled to the payout which is about 30k. We have sent many letters and then stated we have seemed assistance from the ombudsman within 5 days they replied stating yes you eligible for the payout but first they required a letter of executer/probate we have looked on google for advice and it’s like a mine field. Will my mum be able to get probate/executor as they was not married but together for 20years. Any help guidance would be greatly appreciated.
Thanks Becky
UK
 
I am so sorry for your loss. :(
Go see a solicitor. This is complicated because it all depends on who owns what, who looked after what, who paid for what.... Probate is not automatic in these situations, you need professional advice. If you mess this up, your mum could lose more than she gains. You can start with a free consultation.
 
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She would need to apply for Letters of Administraion from the probate office at the local County Court. The Court office will assist in filling out the forms and there is a fee to pay if she wants to do it herself especially if that is the only asset, but really she needs a Solicitor.

Does step dad not have any other blood relatives if so they are entitled to the pay out on intestacy (i.e not having a will) in which case she would have to fight them in court for a share under the Inheritence Provisions for Family and Dependants Act 1975 on the basis she was financially dependant upon her partner and that would cost many thousands of pounds. The only exception to this is if your step dad wrote the policy into trust nominating your mum as beneficiary under the policy which I suspect is not the case given that the pension company refused the pay out.

Also if step dad does have blood relatives she needs to tell them, she doesn't want to end up in prison for fraud, if she is not entitled to the policy proceeds.

Moral of the story is make a will - it can save a lot of headache and money for your loved ones.
 
The warning here is not to be blinkered by that £30,000. I was not here, I did not say this, but sometimes silence is the best option. Make sure you know what you will lose before you chase what you may never have.
 
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