The Rights Of Military Wives To Be - Security After The Loss Of A Loved One In Service

• Published date: 06 November 2023
• Subject Matter: Employment and HR, Litigation, Mediation & Arbitration, Retirement, Superannuation & Pensions, Trials & Appeals & Compensation
• Law Firm: DMH Stallard
• Author: Ms Cathryn Culverhouse

The fourth episode of Inheritance Wars: Who Gets the Money centres around a fiancée who is left homeless and not only in a battle with the deceased's family, but also his employer, the Royal Air Force ("RAF")

Jane Langford met Chris Green in 1996. At the time, Jane was employed at a computer company, working as a Relationship Development Manager in the Ministry of Defence ("MoD"). It was within these professional confines that she first met Chris, who was stationed as an Air Commodore in Shropshire.

Chris invited Jane to an RAF summer ball and, 10 years down the line in 2006, they became engaged. Jane soon moved into Chris's residence on the RAF base, where she found herself taking on the roles and responsibilities expected of a military officer's partner. Chris held a prominent position within the RAF and so Jane's support was seen as paramount to his success by their friends.

On 16 May 2011, the day after Jane's birthday, Chris suffered a heart attack and died unexpectedly. As Jane came to terms with Chris' death, the RAF asked Jane to vacate the house she shared with him on the military base. The RAF also informed Jane that she was not entitled to receive Chris's pension. Jane was left mourning her fiancée with no home, no job and no income.

Usually, a military pension is distributed to the surviving spouse of a deceased officer. Nowadays where the couple were unmarried but in a stable, co-dependent relationship, the surviving partner also has a to claim these benefits. Despite having been separated from her previous husband for 17 years, Jane was denied Chris' pension and compensation due to a failure to complete the necessary divorce paperwork of her previous marriage.

Chris and Jane owned a property in equal shares. Unfortunately, this was held as tenants in common rather than joint tenants. This crucial distinction meant that the 50% owned by Chris was bequeathed to Chris' parents and brothers pursuant to the terms of his Will.

Jane proceeded to mediation with Chris' family, and it was agreed that Jane would pay '110,000 to receive Chris' share of the property which would provide her with a much-needed home.

After having secured her home, Jane began to challenge the MoD's decision to reject her application for Chris' pension and compensation. Due to financial constraints Jane was unable to afford a lawyer and so in 2013 she represented herself at a London tribunal on the issue. Though she lost this round, she was granted the right to appeal, and...