Advice on Pension Death Benefits

brucie25

My close friend passed away a couple of months ago leaving me as his executor and sole beneficiary in his will which was written only a couple of months before his death. In a letter he told me about a few pensions which he said he wanted me to receive but I now find that he made no nominations on these pensions and I now understand the pension lump sums do not form part of the estate which he must have assumed they did. He lived and cared for his Mum who is now in a home. In the letter he said he sold the house for her care so he had considered her when writing his will and telling me about the pensions. He had no other family whatsoever. 
Is it likely that the trustees will decide that the payouts of the pensions will go to his Mum even though he made a kind of expression of wishes recently in writing his will and making me sole beneficiary?
Thanks for any advice you can offer

Albermarle

The Trustees have the discretion to look at the whole situation , and will make their own decisions.
It is complicated by the fact there are multiple pensions , each with their own trustees. 

xylophone

You might exhibit the letter he sent you and his will to the Trustees of the pension schemes and request that they exercise their discretion in your favour?

TVAS

He made a will. What sort of advice did his divvy solicitors give him? Did they not ask him to complete a nomination form for each pension? This is what happens when people make assumptions. I wonder if you have a case against the solicitor.

The trustees will take into account the will. If it was me I would give it to you as you are in the will, and there are no issue or spouse. The mum is in a home that the sale of the house has provided the funding. In a way the letter is almost as more important than the will because it is your late friend's own handwriting showing his rationale.

However their decision is final and could go against you.

Please come back and let us know what happens.

brucie25

Thanks for your comments. I will keep the thread informed. I have sent the will to the pension companies when they have requested it and also am in the process of getting probate for some bonds. I don't think he took any advice from a solicitor it was a self typed will (signed by 2 of his friends) and also a typed letter to myself with an image of a statement from NS&I contained in the letter about the bonds he wanted me to have also which only he could have access to but no signature or handwritting.

brucie25

Also I forgot to mention that his Mum has Dementia which is why she is in a care home. She had been in a care home for a couple of months before he died as he had to be in hospital for a prolonged period before he come home and passed away. Would I say in the family information form they ask me to fill in that she was or weren't mentally dependent on him when he passed away?

TVAS

It would have been helpful if you provided accurate facts because very few people do their own wills. You suggested that is was  proper will. There is a reason why we have solicitors! Signed by 2 of his friends gets worse it would have been better if they were independent witnesses not mates. Make sure you go to a solicitor for your will. 

You should also send his letter as will as his DIY will. 
You state the facts, the house was sold, state who owned the house, she has dementia this means she does not have capacity. She is still his next of kin. And because the will was not arranged by a Solicitor your claim is weakened as it could be a made up job in the  absence of him completing an expression of wish for each pension. So it could all go the mother, then when she dies to the bloody crown like they need any more money! Good luck you will need it.

brucie25

Thanks for the advice. It was DIY as he had just found out about his cancer diagnosis and had to get his affairs in order whilst not in the best of health. It is signed by my friend and it was accepted by the bank so unlikely to be seen by pension providers as anything other than his wishes I believe. It is all just based on what people (Trustees) decide on the day really but I think I will have an argument to appeal if it doesn't go in my favour with his letter and other things.

Thrugelmir

Pension benefits from defined benefit pension schemes are normally reserved for and paid to financial dependents. Can you demonstrate any financial inter dependence? 

brucie25

None at all for myself. 

brucie25

Actually he was a signatory of a personal injury trust of mine with metro bank, does that count?