Pension Trustees being very very unhelpful

foxy_squirrel

My younger sibling died earlier this year. Left no will, had no property of their own or owned jointly, left enough money to cover their bills. My elderly Mum and myself are trying to sort out their estate. We knew they had 2 pensions. We thought we were nearly there. One firm have been amazing, sent us paperwork, we completed it and the beneficiary was advised and has returned forms, all happy. The other one, well, where do i start. Forms sent out to us, incorrect, I ring up ,advise, new forms sent, all completed end of June and we wait. 29th September!!! I receive an e mail to say beneficiary has been advised, all of us met up on Thursday, no one has had a letter. My Mum said maybe its gone astray in the post so rang Friday. They were told to get each beneficiarys to ring in and they would be told, if it was them and what would have to do next. All 4 of us have rung, each of us has been told, its not you? What do we do now? Can we do anything? I knew it would not be me, but it seems odd that it is none of the 3 others. My sibling had no children, never been married. The other policy they had, has been settled on her long term partner, which is what we wanted. Any suggestions as to what I can ask, say, try? I have already drafted a complaint letter with help from my sons partner who works in the insurance world, not regarding the outcome, but the length of time it has taken and all the problems we have had along the way. It has all been very, very distressing for my Mum and my late siblings partner. 

Silvertabby

My sympathies to you all 

Was this an older pension?  If so, your sister may have nominated a previous partner.  That said, in the case of a very old expressions of wish form and evidence of a new, long term, partner, I'd be surprised if the trustees still went with the nomination.

You can ask if they have indeed gone with an old expressions, and query the rationale for their decision - but I'm afraid that they can't/won't tell you who the beneficiary was as data protection trumps freedom of information in these cases.

foxy_squirrel

Thanks Silver Tabby. At the time it was taken out they were not with anyone and they always stated they wanted everything to go to their family. I so wish they had left a will. The pension firm will not even tell us if they had filled in a benefits of wish form. I have asked today if the beneficiary is anyone of the 4 we put on our form and they will not tell me. One friend has said, did they put it in trust for someone and if that is the case then the trustees will have had the letter and not yourselves?

Brie

You might want to point out that data protection doesn't apply after someone has died.  At least that's how I understand it.  Who's data are they protecting?  

I'd write a very official sounding letter to say that as next of kin you are entitled to know that the pension money has been paid out according to your sister's wishes and that in the absence of a will that means that money should go to next of kin.  If it isn't you need to have it confirmed who it has been paid to.

Albermarle

 One friend has said, did they put it in trust for someone and if that is the case then the trustees will have had the letter and not yourselves?

Pensions are held in trust automatically and the trustees are the people you are dealing with ( directly or indirectly).

It seems very unlikely that your sibling would have gone to the trouble of setting up some kind of separate trust.

 I so wish they had left a will. Pensions are excluded from wills as they are held in trust by the trustees.

 I have already drafted a complaint letter with help from my sons partner who works in the insurance world, not regarding the outcome, but the length of time it has taken and all the problems we have had along the way

Be aware that many pension administrators work at snails pace anyway, and any issues around pension beneficiaries is often a delicate matter for them, as well as you.

foxy_squirrel

Thanks Brie. We also have another complaint letter drafted out asking just that. I have asked their partner to ring back again as I dont feel they asked the right questions when they rang last week. I want to pknow it has all been dealt with, correctly and get on with other things.

Silvertabby

Brie said:

You might want to point out that data protection doesn't apply after someone has died.  At least that's how I understand it.  Who's data are they protecting?  

In cases such as these the data protection applies to the recipient, if a nominated beneficiary.  That's the way we played it back in my LGPS days.

Silvertabby

Just a thought - could your sister have nominated a charity as the beneficiary?

Flugelhorn

Has anyone changed their name in the last few years?

foxy_squirrel

Just a thought - could your sister have nominated a charity as the beneficiary?

No idea, they didnt give to anything on a regular basis whilst they were alive. We felt it should go to her partner and/or nephew.

foxy_squirrel

Flugelhorn said:

Has anyone changed their name in the last few years?

No, we have all had the same names for the past 30 years. I divorced over 10 years ago and my sister didnt get on with my ex so I doubt it has gone to him