Claimsing share of exe’s pension Post Reply

[Beancounter]

Does anyone know the process? My sister in law is in a very difficult situation, needs to claim her entitlement but is abroad and we’d like to avoid thrashing about trying to find out what to do from the internet etc.

[SW12Pops]

Ideally you need a lawyer.

It's totally possible (assuming they were married) but there are so many variables that general advice is pretty tough.

Can I ask...

1) are they married?
2) where do they live? (country not street!)
3) any pre-nup?
4) where did they marry?
5) how long married?
6) does he/she work overseas? For a foreign company?

On a spectrum of ease of getting the correct share - a couple who married in the UK, who work overseas on UK ex-pat contracts but who are both UK nationals with children are going to be in a strong situation.

Non-UK, not married here, no kids etc etc then it's less likely.

Sorry I couldn't be more help right off the bat...

Good luck

 

[Bellevuelaw]

She should take advice from a family lawyer.  

If you'd like a local recommendation, I'd suggest Burgess Mee.  The partners have top firm backgrounds, but are able to charge cost-effectively as they're based in Clapham Old Town rather than the City.  Equally importantly in a stressful situation, they are also a pleasure to deal with. 

I hope that helps.

Florence
Bellevue Law
 

[Beancounter]

Thanks for your suggestions. Someone who has done it popped up and it’s quite straightforward it seems. Go to the provider with divorce papers showing agreement. It’s a local authority pension . She can’t afford a lawyer. It’s tale of a woman being brought up by her idiot mother to think someone else would always support her. No provision made for herself and in the short term the people supporting her are myself and my husband. He’s retired so I’m indirectly supporting a woman younger than myself who still thinks she’s got choices about whether or not she earns a living. The story involves my sister in law living in Hungary, her man dying in Liege where he worked, an undivorced wife in Canada, a potential Other Woman and a Bernese Mountain Dog who, before you ask, is being happily rehomed.

I’m furious with the stupid woman who had no access to his bank and sat in Hungary complacent for 15 years. But I’m thinking of writing the book... you couldn’t make it up...

[Bubs]

Payment of any pensions will be bound by the Trust Deed and Rules of the LG pension. So she (you!) may have to approach the Trustee to exercise their discretion.

These days you have pension sharing orders put in place on divorce which makes things simpler in the end .... I assume she didn’t/doesn’t have one of those? If an agreement was made in the divorce that’s the next best thing.

[Beancounter]

The agreement is in the divorce settlement. The problem now is getting her to actually apply for it.

[Bubs]

Simply make the pensions provider (the local government) aware of its existence in the first place. Before they pay out to the current wife (or anyone else), as that could make things more difficult!