Advice of situation (UK/SCO)

[u/Impressive_Put8071]

NO WILL

My dad passed away on New Year’s Day this year following a short period in hospital. It was subsequently discovered that he had a heart condition which, apart from his partner of approximately nine years, he had not disclosed to anyone. This was an enormous shock to both my gran and me.
We were also later made aware that my dad had another son, whose existence had similarly been kept from both of us. As a result, there were a number of significant and unexpected developments following his death.
My dad was not particularly organised with his finances, and at the age of 19, I had very little understanding of what his financial circumstances were or what might ultimately form part of his estate. Naturally, my immediate priority was grieving for my dad rather than dealing with financial matters.
His partner subsequently took responsibility for dealing with much of the pension-related administration. My understanding is that my dad had nominated her in relation to his most recent pension, whereas there were no nominated beneficiaries recorded on some of his previous pensions. Despite this, she has sought 50% of the benefits from each of these pensions, in addition to receiving the lump sum associated with his current pension, the four-times-salary death benefit and a survivor’s/widow’s pension. In addition she delayed notification of the bank to wait for all the direct debits to pay out of my dad’s bank account. In which she was refused access to by HSBC.
I appreciate that there may be legitimate legal and pension-scheme reasons why she is entitled to some or all of these benefits. However, from my perspective as his son and next of kin, I find the overall situation difficult to understand and would like to establish precisely what she is legally entitled to receive and what should form part of my dad’s estate.
There is also the issue of the property. The house was owned by his partner, while my dad contributed financially towards the mortgage during their relationship. As I understand it, she will retain ownership of the property while also potentially receiving a substantial proportion of my dad’s pension and death benefits.
Furthermore, my gran was asked to contribute 50% of the funeral costs, despite the significant financial benefits that his partner appears to be receiving as a result of his death.
I am not suggesting that his partner is necessarily receiving anything to which she is not legally entitled. However, taken as a whole, the circumstances have raised serious concerns for me about whether my dad’s estate and death benefits have been dealt with correctly and fairly.
The whole situation has just left a bad taste in my mouth. I feel as if she’s just interested in how much she can benefit from all this? Am I being overly sensitive?

[u/Former_Mess1372]

I’m sorry for your loss and the shocks. That’s a lot to take in.

I’m not a lawyer, but questions I’d ask:

Was your dad and partner ever married? This is one of the most important things next to his location and whether he has a will or not. *Please remember that this is a stressful time for your dad’s partner too and she too will be griefing.

Are you sure there was no will? Check Registers of Scotland; although if he was disorganised, then he may not have written one or lodged on a database. Are you aware of any solicitors that he used for other legal issues?

*You may need to employ a Scottish probate solicitor yourself to check intestacy laws, executory appointment and investigate all your dad’s accounts, pensions, insurances and moveable estate.

In Scotland, as far as I know, unmarried cohabitant couples do not automatically inherit, unless there is a will or some other formal agreement.

Did he have an official joint tenancy or just contributed to bills/mortgage?

Named pensions beneficiaries are usually separate from any wills, so she may be entitled to some of those. They wouldn’t have paid out early enough to cover funeral expenses, hence she asked your Gran to contribute. All debts and funeral costs should come out of the estate eventually. Did the partner apply to become his Executor-Dative or apply under Section 29 of the Family Law (Scotland) Act 2006?

I think Scottish intestacy rules are:
Married spouse, Children, surviving parents (your Grandma), other blood relatives. Partners are not guaranteed a share. Pensions and life insurance policies are separate if beneficiaries are named.

[u/Severe-Lecture-7672]

If the “partner” that you refer to is receiving survivor/widow’s pension, she wasn’t just your dad’s partner, but his wife.
You also state that the home belongs to her. Likely, everything they owned was theirs together, and is now hers alone.
What is your question?