Probate and Inheritance Solicitors

Unmarried Woman Wins Lengthy Pension Battle

A woman whose long-term partner died has won a legal battle that is likely to improve the pension rights of unmarried couples in the public sector.

 

Denise Brewster and Lenny McMullan had lived together for 10 years and owned their own home. Mr McMullan died suddenly at Christmas 2009, aged 43, just two days after the couple had got engaged.

 

Because the couple were unmarried, Ms Brewster was denied payments from her late partner's occupational pension, a situation she described as "serious discrimination."

 

If they were married Ms Brewster would have automatically shared the pension that he had built up.

 

After a lengthy legal fight, she has now won her case at the UK's highest court, in a ruling that has the potential to have major implications on the pension industry.

 

Former pensions minister Steve Webb said there should be the same rules for married and unmarried couples. He said:

 

"I guess the simple thing is consistency between married and co-habitees' pensions. With every passing year you have got more people living together and pension practice needs to reflect the world we live in and not the world of 50 years ago."

 

If you need advice regarding probate or inheritance tax, our team are here to help. Call us in confidence on 0161 928 5558 to discuss your circumstances.

 

 

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