Private pension: Widows v Orphans

[iguana]

Has anyone any idea about what way entitlements work when someone dies, having a pension with provision for widows and orphans, but they were legally separated from their wife and had a child with a new partner? My uncle died last week, leaving his partner with a toddler. My family are concerned about my young cousin and would like to see as much of the money as possible go to him. My uncle wasn't in great condition on the lead up to his death, which was however unexpected, so we don't know what specific provisions he'd made for this eventuality.

 

[browtal]

A new law was passed middle of last year to ensure rights of partners.
This law is due to come into effect on January 1st. You would need to contact your local TD or dept of Social Welfare to know when it will be operational. They usually do not know for several months how it will operate.
The purpose of the law was to cater for the situation you outline, but coming into effect on January 1 might be the problem? When did this man RIP?
Would like to know the outcome. Best wishes. Browtal

 

[huskerdu]

The Dept of Social Welfare have no remit with repect to private pension plans and I doubt if the average Irish TD knows much about legal ramifications of the civil partnership law on pension arrangements.

The penison will be sorted out by the pension trustees based on the rules of the pension plan, and whatever was agreed during the legal separation with his wife.

Someone needs to contact the pension trustees and ask for the rules of the scheme and ask them for advice. They have an obligation to obey any laws in place so will be aware of the new law and any affect this has.