The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

Power to dispense with probate

69.—(1) Where a person to whom any payment referred to in paragraph (2) could have been made before his death, dies before the payment is made, the amount unpaid may—

(a) be paid to the personal representative or, in Scotland, the executor of the deceased person, without probate, confirmation or other proof of title; or

(b) may be paid or distributed to or among the persons appearing to the Secretary of State to be the persons beneficially entitled to the personal estate of the deceased person; or

(c) in Scotland may be paid or distributed to or among the persons entitled to the moveable estate of the deceased person; or

(d) to or among any one or more of those persons.

(2) The payments referred to in paragraph (1) are payments under—

(a) this Order;

(b) a 1919 to 1921 instrument;

(c) the Naval and Marine (Widows Attributable Awards) Order 1994;

(d) the Naval and Marine Pay and Pensions (Disablement Awards) Order 1994;

(e) Appendix VII to the Army Pay Warrant; or

(f) Appendix 34 to the Queen’s Regulations for the Royal Air Force.

(3) In determining the persons to whom and the proportions in which the amount unpaid shall be paid or distributed under paragraph (1), the Secretary of State may have regard to any payments made or expenses incurred by any such person for or on account of the funeral of the deceased person.

(4) Paragraph (1) does not apply if the amount unpaid exceeds £5,000.

(5) Where a deceased person has died intestate and he was, or any child of his was or is, illegitimate, the deceased person and any such child shall, for the purposes of this article, be treated as legitimate.