Rights Re Will and Pension

Keep_pedalling

*Section62 said:

msb1234 said:

Keep_pedalling said:

Had this not been a deathbed will more time would have been available to get everything sorted. Not everything in a will is enforceable, and as the pension was out of the estate then this was one of those clauses that is no more than a wish. Although most pensions fall out of the holder’s estate not all do, also if the testator had lodged no expression of wishes form with the trustees they would probably have distributed the pension as per the wishes expressed in the will.

it was also a possibility that having seen the will the relative may have agreed to split the pension 3 ways (not everyone is selfish and greedy) 

Blimey, that’s a bit of a stretch saying the relative is selfish and greedy! We know nothing of this relative other than she’s female, nor do we know what amount of money was left in the pension pot. Neither do we know if she even has seen the will and therefore doesn’t know about the brothers!

I think you are reading something into Keep_pedalling's post which isn't there.

Many people on getting a windfall would keep it all themselves.  What Keep_pedalling is saying - correctly - is that doesn't apply to everyone, many people will think of others and consider sharing the benefit.

What I understood Keep_pedalling to mean is that we shouldn't assume the female relative decided to keep the pension all to herself - exactly the same point you are making.

For context, where pension trustees have discretion, they will contact nominated beneficiaries and also other persons who might need to be considered as possible beneficiaries. The latter would normally be family members/dependents rather than friends.  All potential beneficiaries would typically be asked about their own position, as well as their view on how the pension should be divided.  Keep_pedalling's point is that if the female relative had seen the will she could have told the pension trustees that the pension should be split three ways.  But we don't know whether the female relative was aware of the deceased's wishes, we don't know what she told the pension trustees, and we don't know what was on the current nomination form the trustees held.

That just about sums up what I was saying. 

KIWI56

Thank you all for your comments.  Is there anything we can do.  Its same solicitor that drafted the will that is now executing the estate and I must say she is quite an awkward person to deal with.  Said she is fed up of people calling and the will has been difficult to sort.  Weird when SHE drafted it at his bedside.  I somehow feel that she should have known as she put in his will what he wanted re the pension.  We dont know what its worth but she has had a huge upgrade on her property which may possibly be an indication.  He was so angry that none of the family bothered with him and has left sums and shares to many friends God bless him.

sheramber

KIWI56 said:

Hi. A very old friend of my husband and his family died approx 18 months ago. He left a Will stating my husband and brother should be given the money from his pension split 3 ways between a female relative and the 2 men.(hubby and his brother nursed him not knowing  they would be left anything)We have been waiting ages to hear from the solicitor who then said that the pension was outside of the Will so it all was to go to female relative. The solicitor was the one that drafted the will at the deceased deathbed and we understand that the money has already been paid out. Surely the solicitor (who is executing)would have known this while drafting the will, and should have advised our dear friend and advised the Pension provider of amendments to nominees.  the Will should have been taken into consideration as it was only a couple of days before his death Thank you if anyone  could advise please? 

The solicitor cannot advise the pension company to do anything.

Maybe she did advise the guy about the pension but he did not act on her advice.

When my husband died , although he had nominated me to receive it, I was left everything in his will, my children repeated stated the money was mine and they did not want any , the pension company insisted that they had to consider all relatives/ possibly dependent persons and they then decided who to pay. 

In the end they paid it to me. 

Marcon

KIWI56 said:

Hi. A very old friend of my husband and his family died approx 18 months ago. He left a Will stating my husband and brother should be given the money from his pension split 3 ways between a female relative and the 2 men.(hubby and his brother nursed him not knowing  they would be left anything)We have been waiting ages to hear from the solicitor who then said that the pension was outside of the Will so it all was to go to female relative. The solicitor was the one that drafted the will at the deceased deathbed and we understand that the money has already been paid out. Surely the solicitor (who is executing)would have known this while drafting the will, and should have advised our dear friend and advised the Pension provider of amendments to nominees.  the Will should have been taken into consideration as it was only a couple of days before his death Thank you if anyone  could advise please? 

Indeed it should, as part of the due diligence process - but did the trustees/pension company actually have sight of it and know what it said? Unless it was pro-actively supplied to them, it's unlikely they were aware of it - and it wouldn't normally be the job of the solicitor to share it.

The Pensions Ombudsman can and will consider complaints about the distribution of benefits if certain conditions are met. See https://www.pensions-ombudsman.org.uk/sites/default/files/publication/files/Common%20topics%20factsheet%20-%20Death%20benefits.pdf