sadly my partners brother took his own life last saturday age 24,he left no letter or will,all that was there is a works pension, who will be entitled to his works pension his mum? or dad (both seperated not seen father in 15 yrs ony a few weeks at the end of his life) he  left a 18 month old daughter who he never got to see,also my partner his brother. can anyone help out with this dilema?

go see a solicitor. hopefully it will go into trust for the daughter but without legal advice noone can say.
{{{{{{{{{{hugs}}}}}}}}}}}}
Lea
xxxxx

thanks lea for getting back so quickly, the daughters mother is out for all she can get her hands on a wolf in lambs clothinh..

Oh no., As I said, hopefully it can be left in trust to his daughter, and hopefully you will be able to leave things with the solicitor it is in trust with to say who her dads family is. unfortunatly I know nothing of the legal side so I may be giving you false hope. It all depends on wether his name is on the birth certificate, after what year they were born etc etc.
The best thing your partners parents can do is go and see the solicitor for the half hour they get free and see what they say.
Good luck with it all and I do hope your partner is coping ok with it all xxxxxx
Take care hun.
Lea xxxxxxx

Im sure when I started my company pension scheme it also had death in service benefit with it and I had to nominate a next of kin who it would go to if I died.

Really sorry to hear about your partners brother, tough times..

I can't help on litigation, but as others have said, his parent/s need to see a solicitor to see whats what. Also Claire is right in many circumstances with work pensions you have to nominate a next of kin or parties who would inherit the pension and at what amounts if more than one person.

>Im sure when I started my company pension scheme it also had death in service benefit with it and I had to nominate a next of kin who it would go to if I died

This is what I had to do too.

which reminds me its assigned to my mum and ive had a baby since so I had better change it !

The normal course of events in a death without will is for their blood relatives to inhert their 'chattols' ie any progeny, living parents, siblings, aunts, uncles, cousins, nieces, nephews unless he's stipulated an individual as next of Kin they start with the closest and work their way out so to speak.

Hopefully he will have an "expression of wish" with his employers.

Sorry to hear of this sadness hope you and yours are coping.

Me too ClaireyS.  I have nominated someone that is not related to me, and renew my wishes every year.

Very sorry to hear that this has happened and with such a young person. My OH deals with this sort of thing in his job and with what you have said would expect all to go, probably in trust to his daughter, as she would be his next of kin under intestacy . However OH suggests you take legal advice asap as there can be quirks with this that unless every bit were known and I wouldn't expect you to tell your family business  here other variations can happen for example some money may be made availabble to her mother to help bring her up.
Apparently even expressions of wish can be overidden in some circumstances , didn't know that until just now.

If there is no will the next of kin is his father. He would have named a benefactor on his pension. All else solicitors.

no..... his daughter

This link seems helpful regarding intestacy rules.

the daughters mother is out for all she can get her hands on a wolf in lambs clothinh..

To be honest, the mother may well not be a nice person but the daughter is this mans flesh and blood she is a part of him that will live on and if your partners family loved their son/brother then his daughter should have every penny from his death anyway, she is all that is left of him. She will be his next of kin and is the real victim here loosing her father at such a young age, the mother has a child to raise of course she will be after every penny, she sould have it too. :-)

> the daughter is this mans flesh and blood she is a part of him that will live on and if your partners family loved their son/brother then his daughter should have every penny from his death anyway, she is all that is left of him. She will be his next of kin and is the real victim here loosing her father at such a young age, the mother has a child to raise of course she will be after every penny, she sould have it too

Well said :-)

R U Sure, if anything had happened to me before my will was in force my father was next of kin not my minor children! We had to set up a trust for my two boys and appoint trustees or my Dad would be next of kin! honest unless the law has changed!

Apparently the term "next of kin" has no legal definition, just as "common law wife/husband" is a non-term.

Yes thats what I was told it would not be my sons it would be the head of the family i.e.Dad.

According to the link from the law firm the inheritance would be put in trust till the daughter was 18.

I'd suggest the family contacts a solicitor wqho should be able to sort out the mess.

Yes this why I said that unless we knew everything and understood the law there are "quirks" that can make difference in very similar looking cases.
I do hope you get everything sorted out .

Alot will depend on what type of pension arrangement it is.

If it is an 'Occpational' Pension it may well have a Death in Service benefit which is a lump payment, based on a multiple of salary.

If the policy is classed as a 'Personal' pension, there will be no such benefit. Under this type of arrangement, the death benefit is 'return of fund' where the value of the policy is returned to the estate, dispersed as per a Will or expression of wish form.

I am a Financial Adviser, so please feel free to PM if you would like any further help or you have questions.