Husband died in Scotland, wife in Philippines what to do?...

Discussion in 'UK Visa and Immigration Help' started by Roseian, Dec 14, 2021.

  1. bigmac
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    bigmac Well-Known Member Trusted Member

    what about benefits like death payment ? When my late wife died--2007--i was sent a payment of £2000 within days from the dept of work and pensions because she was below the state pension age. I knew nothing about this--but was told about it at my local jobcenter--the staff were EXTREMELY kind and helpful.

    you need to find out about any pension or benefits from the late husbands employers.
  2. Roseian
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    Roseian New Member

    How could she possibly able to do that? She told me earlier, she tried messaging his last employer though their Facebook page asking if she could get his last pay to support her & the kids but the message has just been seen but she got no reply... yet.:(
  3. oss
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    oss Somewhere Staff Member

    If he did not leave a will then he died intestate and someone will have to apply to the court to get authority to deal with the estate.

    Did he have assets, like did he own a home in the UK, have savings accounts, own a car, things like that?

    Also did he have debts like credit card debt or bank loans as they need to be settled too.

    It is quite risky for a family member to lie to the court but they might think they can get away with it because the wife is not in the UK, she really needs someone representing her here in the UK and the chances are she has not got the resources to be able to pay for that.
    • Agree Agree x 1
  4. oss
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    oss Somewhere Staff Member

    That kind of approach to anyone over here in the UK will be seen as a scam, she is very unlikely to get a reply, she would need a more formal way to contact any agency here in the UK.

    The reality is that any wages due to him would have been paid to his bank account and would now form part of the estate and can only be dealt with through the administration of the estate..
    • Agree Agree x 1
  5. Heathen
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    Heathen Active Member

    Am i correct in thinking most employers include a death in service insurance or something similar, usually around 2.5 times annual salary, if this applicable it would be a big help, but of course the issue is finding out the facts over here whilst she is in the Philippines.
  6. bigmac
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    bigmac Well-Known Member Trusted Member

    its nothing to do with his employer--its purely handled through the work and pensions department. It (was) a benefit payable when anyone dies under state pension age if they have paid national insurance at some time in their life. In fact--it is a one of payment instead of many years of state pension that would become payable had the person not died.

    But i just dont know if it is still available. She really needs the services of a solicitor over here. It is way beyond your remit.
  7. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Yes it's in the link @Br28016 provided earlier the higher figure is £3500 and the lower is £2500 depending how long it takes the applicant to apply.
    She could also try applying for Widowed parents allowance.

    But to get any sort of applications going she is going to need the Death Certificate first and foremost.
    Looking at the information so far I guess there may not be a house in the UK as the guy worked in an Army camp then hotels probably accomadation provided.
    If she gets the right claims in she may raise enough to pay off the property in her name in the Philippines and have to settle for that.
    Any other estate will be a long and winding road maybe to no where.
  8. Br28016
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    Br28016 Active Member Trusted Member

    Actually better than that as it is £3500 lump sum and then £350 a month after that for 18 months.

    Only found out about it recently helping friend of family. Worth people being aware and making spouses aware. Also not counted as public funds.

    From memory they want marriage and death certificates and if children I expect will want their birth certificates as well.

    I did scan through eligibility rules and implication was could claim if resident overseas in certain countries of which Philippines was one. Claim needs to go in within three months to avoid loss of some of monthly payments.

    Sure when I scanned the info on it there was a caveat that could be lower overseas.

    Won't replace an income but at hard times like these will help a bit.

    Anyone should be able to order death certificate as they are public record (unlike Philippines where have to be family) but think will need to get from registrar in area where he died.

    GRO link provided earlier in thread will only cover the records over six months old.

    If death was in Manchester the link below may help.

    https://www.manchester.gov.uk/birthsmarriagesdeaths

    If she has employment history then some details on who employers were may help in tracking pension providers.
    • Informative Informative x 2
  9. John Stevens
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    John Stevens Active Member

    Could the british embassy help?
  10. oss
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    oss Somewhere Staff Member

    Some good employers provide separate death in service benefits via an insurance policy others do it through defined benefit pension which will often have some kind of death in service pension payment but that normally depends on a nomination form having been completed.

    If he was in a money purchase scheme again a nomination form would have to have to have been completed to allow his wife to be the named beneficiary, without such a nomination the pension will not remain outside of his estate, with the nomination form a pension would remain outside his estate and benefits can be paid at the discretion of the trustees to his wife or children, but the trustees of most pension schemes will find this situation unusual, when I enquired about my Scottish Power pension being paid to my daughter they said they had never had a case where the beneficiary was overseas.
  11. Roseian
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    Roseian New Member

    When I asked Rose, she said he only has savings on his bank account, own a car and no debt or loan in UK, but her bro in law as I said is telling her that her hubby still owe some overdue payments to the landlord and they cannot afford to pay the funeral expenses as well, so he is expecting her to pay for it.
  12. Roseian
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    Roseian New Member

    I absolutely agree with everything you said. :like:
  13. Roseian
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    Roseian New Member

    Everything is just confusing for her atm, she doesn't know where and what to start. I advice her to sort first the death certificate & order it online but to make sure she follow the link for Scotland. It is the most crucial document she need for a start. After a while, she messaged me again to say she is having trouble searching for her hubby's name, sounds like it is not on their records... maybe not just yet. I, then said maybe her hubby's family hasn't register yet his death & to better ask the brother perhaps, because to me it sounds like he is the only one sorting things out & updating her on what is going on from time to time. I really feel sorry for her but I think as some of you have said having a solicitor there is the only way she can sort everything out in a less stressful way. Wish I can help her more but I am as confused as her with UK rules and more so Scottish rules as my hubby keep on saying England & Scotland's rules are different. :frust: I really appreciate all of you who tried to helped us in this complicated situation. THANK YOU! :)
  14. oss
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    oss Somewhere Staff Member

    The funeral expenses have to be paid from his estate it's not up to his family unless they want to pay the funeral costs, in the event that his estate is not large enough, and it might not be, the local council would provide a very basic funeral as our society can't just abandon a dead person.

    Funerals in the UK can cost many thousands of pounds and they can't expect his wife who was totally dependant on him to pay for that except as an acknowledgement that they know that his wife is going to inherit everything in the estate and that funeral costs need to be paid from that estate, if they admit to that by asking her to pay from the estate then at least they are acknowledging the reality that she is the one who would inherit the estate.
    • Agree Agree x 1
  15. oss
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    oss Somewhere Staff Member

    Yes Scots Law is quite different from English Law in many important areas, it is a horrible situation whatever way you look at it.
  16. Br28016
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    Br28016 Active Member Trusted Member

    Do you know where he died ? An exact location is really required. I was assuming Manchester as earlier email mentioned Manchester police.

    The death should be recorded where he died as opposed to were he was living or where he was from originally.

    Once have location of death then can identify the local registry office who should be able to supply the death certificate.
  17. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Sorry I smell a rat and think Rose is being set up to a fraud.
  18. oss
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    oss Somewhere Staff Member

    Possibly, but I don't think there is enough information to positively infer that yet.
  19. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    That's it though it's the lack of information and what there is is sketchy and bits don't add up.
    I maybe wrong! But for me it has 2 brothers collaborating written all over it!

    On a different note you make some valid points on will structure I need to look at.
  20. bigmac
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    bigmac Well-Known Member Trusted Member

    " Her husband is her only source of income for her kids and the house they bought in Philippines."

    how was this income paid ? Did the couple have a shared bank account ?

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