Advice on Pension Death Benefits

p00hsticks

Thrugelmir said:

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

I'm not sure if the OP has said if the pensions in question are DB or DC ones ? I've been assuming they are DC.

brucie25

Sorry they are Deferred DB Pensions

Silvertabby

Thrugelmir said:

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

That's true for ongoing pensions, but not necessarily any lump sum death benefits.  It depends on the scheme rules.

In the case of the LGPS, for example, the death grant nominated beneficiary could be anyone, including a charity.  

In OP's case, assuming that his friend didn't complete any expressions of wish forms (which I would find surprising - he may have at least completed such forms when they first joined the schemes and then forgotten about them?) then the trustees will have to decide between only NOK (the mother) or the Will.

Malthusian

TVAS said:
[assumptions]
This is what happens when people make assumptions.
[TVAS' assumptions about divvy solicitors are proved incorrect]
It would have been helpful if you provided accurate facts because very few people do their own wills.

lol

None of the OP's facts are inaccurate as far as we can tell. Not his fault that you made assumptions.

Signed by 2 of his friends gets worse it would have been better if they were independent witnesses not mates.

Not the case. There is no requirement whatsoever for witnesses of your Will to be indifferent to you. If anything mates are better, as if they have a personal connection to you, it's more likely that they can be tracked down in the very unlikely event that the  courts need them to testify to their signatures.

They would have had no interest in the Will so no conflict of interest is possible. (If they did before they witnessed it, they didn't after. If a beneficiary witnesses a Will they forfeit their legacy.)

TVAS

You don't have a case. You should have called a Solicitor. Many solicitors visit people on their death beds for will execution. It doesn't matter what we think, it doesn't matter what the bank accept, it matters what the Trustees think.

He had time to get his affairs in order and make a will because it wasn't complicated. As a friend you should have arranged for a solicitor to visit him, zoom him and also said that he would also do Probate.

You can demonstrate he was your friend re Metro Bank you cannot demonstrate with a valid executed will he wanted you as sole beneficiary. 

You simply have to approach each provider but note if the scheme is DB there is no pay out because you are not one of the class of beneficiaries: spouse, civil partner, dependant relative, dependant child, non relative financial dependant.

p00hsticks

TVAS said:

You simply have to approach each provider but note if the scheme is DB there is no pay out because you are not one of the class of beneficiaries: spouse, civil partner, dependant relative, dependant child, non relative financial dependant.

I don't believe that's necessarily true ( and other posters above seem to agree with me). Whilst only those class of people would potentially qualify for a survivors pension, if you die before claiming a defined benefit pension at all in my experience there's often an associated tax-free lump sum that can go to any beneficiary you care to nominate (or in the absence of such a nomination, who the trustees decide should get it after considering the evidence - will, next of kin etc). l   

brucie25

I have spoken to Scottish widows and Tpt today and they tell me the will can even sometimes take precedence over expression of wishes when there is one due to the fact that the will is a legally binding document. I have emailed them today the personal letter which also contained ns&i statement, a letter in his name from 2017 which indicates he was a trustee to my PI trust account and I have also attached a copy of the invoice for his funeral addressed to me as he mentioned in the letter that he expected one of his pensions to easily cover funeral costs. I’ll just have to see how it plays out as everyone has a different but equally valid opinion but I suppose the only one that matters is the trustees.

dunstonh

Trustees make a decision on the information available.  Overruling an expression of wish is unusual but if the EOW is out of date and no longer logical to the position at the point of death, the trustees will consider changing it.  Whilst the Will has no legal influence on the pension, the trustees consider the content of the Will as a guide.

Nobody here can say what they will do as they will consider any evidence and opinions supplied and make a decision from there.   

Thrugelmir

Silvertabby said:

Thrugelmir said:

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

That's true for ongoing pensions, but not necessarily any lump sum death benefits.  It depends on the scheme rules.

In the case of the LGPS, for example, the death grant nominated beneficiary could be anyone, including a charity.  

I have two old private sector schemes. Both are very clear in the scheme rules. They both closed due to subsequent funding issues following Brown's raid in 1997. Increasing the liabilities further would overwhelm the majority of private sector ones I'd suggest. 

TVAS

Unlike you I used Google which took 5 minutes:

Your options for writing your own will

In theory, you could scribble your will on a piece of scrap paper. As long as it was properly signed and witnessed by two adult independent witnesses who are present at the time you sign your will, it should be legally binding.
The friends are not independent witnesses.
https://www.moneyadviceservice.org.uk/en/articles/diy-wills-what-you-need-to-know#:~:text=your own will-,Your options for writing your own will,it should be legally binding.