What happens to pensions when the owner dies? | Lawhive - Solicitors & Lawyers Online
What happens to pensions when the owner dies?
Hi can someone advise . A family member of mine , father suddenly passed away from an accident . They had to sell things of his to pay the funeral expenses . This individual had pensions but one of them stated that it would only be paid to dependents or spouse , because this isn’t the case they won’t pay this out . Another pension has just come through but says as it’s slightly over the amount it needs to go to probate , it wasn’t until the father passed away that they found out he was in a little bit of debt . They are aware you need to pay for probate but it will mean they are out of pocket again as it’s their understanding anything due back will need to be paid back to creditors is this right ? Any advice be much appreciated

Paul Grant

21st April 2022

Top Answer
Solicitor (no longer in practice). Any probate fee is an expense which can be reclaimed from the estate. If the estate is insolvent, the probate fee takes priority over most other creditors. It would only be if there was a secured debt ( eg a mortgage debt) that it would be paid ahead of the probate fee.

Carol Lewis

21st April 2022

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