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.