Call us today FREE on 0141 413 9467
  • Glasgow (Giffnock) 01416212212
  • Hamilton 01698477614
  • East Kilbride 01355263777
  • Glasgow (Newton Mearns) 0141 611 5221
Law Society of Scotland

Blog

Business banner
3 minutes reading time (507 words)

Am I entitled to my ex's pension?

My husband and I divorced quite a few years ago but have remained on good terms, I have retained my married name. I know I am named beneficiary in my ex-husband’s works pension. Would divorce disbar me from receipt of benefits if he died? Could only children have a claim?

Pension benefits have an element of discretion as to who gets benefits as they do not form part of the deceased’s actual estate, and so do not fall under the normal will or succession rules. Divorce would normally count against you as you are no longer married to him (the surname issue is irrelevant). But if you are able to, get your ex to speak to the pension people himself to establish the position.

A retired gent I know moved into a retirement block hoping for a quiet comfortable life. He then fell out with a neighbouring couple who phone him in an abusive way, with bad language and calling him all sorts of names. Can he do anything to stop this?

He can, of course, take out a civil interdict, an order to make them desist and to be punished if they continue – phone records should make it easy to identify who is calling. But also he can report the callers to the police as having committed an offence under the Telecommunications Act and possibly a breach of the peace.

My wife and I are both 57 this year. We have two children age 19 and 24. Only the 19-year-old lives at home with us. We have not made a will. What would happen if either of us died before the other? Would the house etc., automatically pass on to the other? Can you advise who to contact regards making a will and what would the average cost be?

It is likely (though you re best to check) that the house will go to the surviving spouse under a survivorship destination written into the deeds when you bought. If the house is in one spouse’s name it will under intestacy law pass to the other. For the rest of your estate, the remaining husband or wife would inherit the house contents, and also a sum of money before the children had any claim. BUT… it is always best to make a will, as this cuts down on legal costs and time when one spouse dies, as well as allowing you to leave the estate as you wish within the law rather than being stuck with the intestacy rules. Cost – ask a solicitor, could be from £50 to £150, but you are entitled to a written quote before proceeding.

I received an £ 80 fine and three penalty points on my licence for running a red light on a street in Glasgow city interdict, The camera is hidden behind other information signs. Is it a myth that these cameras should be clearly year.

The guidelines say that a camera should be well signed and highly visible, but this is no excuse in law for going through a red light.

Sisters not getting a penny from dad's estate - is...
How do I separate from my husband?

Make an enquiry

* indicates required field

Please let us know your name.
Invalid Input
Please write a Telephone Number.
Please let us know your email address.
Invalid Input
Invalid Input
Please let us know your message.
Invalid Input

Client testimonials

"I wanted to make you aware of the first class and professional service I received during the purchase of my new house, and sale of my flats. Elaine MacDonald, and her assistant, Tracey Matheson were fantastic to work with. I was kept up to date at all times..."
Stephanie, East Kilbride