Pension Trustees being very very unhelpful

Brie

when you say partner do you mean someone to whom they were not married?  that might be a hard one to manage if there's nothing in writing (like a will or letter of intent) for a pension trustee to agree to.  Easiest might be for them to accept rules of intestacy which would have anything going to immediate family, parents and siblings.  If they do agree to that then you may wish to pass the money along.

foxy_squirrel

Brie said:

when you say partner do you mean someone to whom they were not married?  that might be a hard one to manage if there's nothing in writing (like a will or letter of intent) for a pension trustee to agree to.  Easiest might be for them to accept rules of intestacy which would have anything going to immediate family, parents and siblings.  If they do agree to that then you may wish to pass the money along.

They were living with their partner, not married, we accept them as one of the family. One insurance company has already paid out to them, which we are fine with. I felt both companies would go down the route of intesatacy and pass everything to my Mother? But what do I know? 

Albermarle

I felt both companies would go down the route of intesatacy and pass everything to my Mother? But what do I know? 
Intestacy refers to a lack of a will. However pensions are not included in wills, so it is not relevant.
What matters is who your sibling nominated as the beneficiary of the pension, probably when she first started it, and whether the trustees of the pension follow that instruction, or not. 

xylophone

It is likely that your sibling named a beneficiary when she joined the scheme.

Was it a long time ago?

Perhaps she had a very close friend at the time whom she thought should benefit?

I was acquainted with somebody who considered that his parents and cousins were well provided for and told me that he had done this.

GrumpyDil

As stated above pension benefits pass outside of intestacy/any will.

If there was a nomination form the trustees will take it into account but will also consider any other Information they have available about relatives etc and distribute the money using their discretion. 

foxy_squirrel

Thank you for all your helpful comments. We were well aware that trustees would deal with these funds outside of the estate, however, why ask for details of the beneficiaries, ie her next of kin, if there is already an expression of wish form completed that has someone elses details on it that they are going to choose over ourselves? Seems silly to me, just write to us and say your sisters wishes were this, this is what we are doing. We just have to accept that we may never know who it may be. Have a great evening everyone.

Flugelhorn

foxy_squirrel said:

Thank you for all your helpful comments. We were well aware that trustees would deal with these funds outside of the estate, however, why ask for details of the beneficiaries, ie her next of kin, if there is already an expression of wish form completed that has someone elses details on it that they are going to choose over ourselves? Seems silly to me, just write to us and say your sisters wishes were this, this is what we are doing. We just have to accept that we may never know who it may be. Have a great evening everyone.

they ask for beneficiaries / family details in case there is a dependant who needs to continue to be supported.  

LHW99

Do you / another person have Letters of Administration?

If so, this gives you / them authority to deal with the deceased's estate when there is no will.

https://www.funeralguide.co.uk/help-resources/managing-your-estate/letters-of-administration

You can apply for these, and it just might help in dealing with the company, as it would be official recognition of your position.

Marcon

foxy_squirrel said:

Thank you for all your helpful comments. We were well aware that trustees would deal with these funds outside of the estate, however, why ask for details of the beneficiaries, ie her next of kin, if there is already an expression of wish form completed that has someone elses details on it that they are going to choose over ourselves? 

Because an EOW form on its own is not enough (always assuming there is one) - carrying out a reasonable amount of due diligence is still required.

foxy_squirrel said:

Seems silly to me, just write to us and say your sisters wishes were this, this is what we are doing. We just have to accept that we may never know who it may be. Have a great evening everyone.

That definitely is a breach of data protection if they name the recipients.

Your post is headed 'trustees being very very unhelpful' and I can quite understand why it looks that way to you - but in many respects their hands are tied and they are simply doing what they have to do in the way it has to be done.

Marcon

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?  

The recipient of the money.

Brie said:

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.

Probably not a great idea, since OP is likely to end up sounding pompous and ill informed if they go that route.

• 'Next of kin' has no meaning in UK law.
• They are not entitled to know the money has been paid out in accordance with the sister's wishes.
• The absence of a will doesn't mean that the money should go to the next of kin.