Death in Service benefit and Trustees

glosoli

Hi,

This is Scotland and Scottish law.

My mother passed away on 28/05/2021 unexpectedly, and post funeral we are looking to organise her estate. She had NO will.

To confirm the family set up, she had a partner (not married) for 28 years, and with him she had one child (now 23). Myself (32) and my brother (36) have a different father. Her current partner is NOT financially dependant or is any of the other children. 

My mother owned jointly a property with my step father (worth £180,000), with a mortgage of £50,000, which will be repaid from her level term life insurance policy (£90,000). My stepfather is the beneficiary of this policy, meaning he will have £40,000 remaining. The house is also being transferred to his name as the title was on a survivor basis. 

She worked for a well known financial organisation, where the death in service benefit is x8 salary (works out to be around £260,000, plus a pension pot of around £23,000, meaning the total value is £283,000).

The Trustees of the scheme are currently deciding how this money should be divided and are currently in deliberation. 

My question is, does anyone know how this is likely to play out? For example if it followed the laws of inestacy, then the £283,000 should be split amongst the three children. However I understand that this may not be the case. There was no expression of wish form completed. On the beneficiary form I completed, the stepfather and the 3 children were listed as beneficiaries.

I feel terrible for thinking about financial matters at a time like this given its a difficult time for everyone, but anyone's input would be much appreciated here.

tacpot12

Duplicate thread - See https://forums.moneysavingexpert.com/discussion/6278237/death-in-service-please-help