Guidance Needed on Settling Terminal Benefits
A deceased employee left behind his parents and second wife (the first marriage was legally dissolved). The second marriage solemnized was not properly recorded by the deceased; however, the second wife is now desirous of entering into another wedlock. In these circumstances, the parents of the deceased have made claims for the settlement of the terminal benefits of their son. No nomination to that effect was made by the deceased.
In this situation, please advise me on how I should guide the management to settle the terminal benefits of the deceased employee. Can I suggest that the parents obtain a Succession Certificate issued by the competent court of law?
From India, Mumbai
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25A deceased employee left behind his parents and second wife (the first marriage was legally dissolved). The second marriage solemnized was not properly recorded by the deceased; however, the second wife is now desirous of entering into another wedlock. In these circumstances, the parents of the deceased have made claims for the settlement of the terminal benefits of their son. No nomination to that effect was made by the deceased.
In this situation, please advise me on how I should guide the management to settle the terminal benefits of the deceased employee. Can I suggest that the parents obtain a Succession Certificate issued by the competent court of law?
From India, Mumbai
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Nomination and Terminal Benefits
It is obligatory for the employer to have the nominations made by the employee for terminal benefits, especially for PF, ESI, Gratuity, and Earned Leave encashment. The same needs to be acknowledged by handing over copies to the employee.
Kindly ensure:
a) The nomination, if any, made in the name of the first wife, is canceled.
b) The second wife indicates in writing, in a legally appropriate format, that she has no claims on the terminal benefits as she plans to remarry.
c) It is required that the parents obtain a proper declaration from the court of law recognizing them as legal heirs.
d) Also, check if the deceased employee has no children from his first and second marriage. Regardless of the marital dissolution, the children will be natural legal heirs.
Kind regards,
Dayanand L Guddin
From Singapore, Singapore
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It is obligatory for the employer to have the nominations made by the employee for terminal benefits, especially for PF, ESI, Gratuity, and Earned Leave encashment. The same needs to be acknowledged by handing over copies to the employee.
Kindly ensure:
a) The nomination, if any, made in the name of the first wife, is canceled.
b) The second wife indicates in writing, in a legally appropriate format, that she has no claims on the terminal benefits as she plans to remarry.
c) It is required that the parents obtain a proper declaration from the court of law recognizing them as legal heirs.
d) Also, check if the deceased employee has no children from his first and second marriage. Regardless of the marital dissolution, the children will be natural legal heirs.
Kind regards,
Dayanand L Guddin
From Singapore, Singapore
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Legal heirs and not nominee alone entitled to terminal benefits - Madras HC 8.9.2016.pdf
Flexi Benefits Plan.doc