Deed Poll Trust

Due to a dispute and complaint, the deceased’s pension policy has been determined by the scheme administrators that the benefit (c£180,000.00) under the policy should be paid to the legal representatives for "him to distribute in accordance with [deceased’s] wishes.’ The benefits from the policy will fall outside of the deceased’s estate. Does the PR have total discretion to whom the funds are payable - i.e. because the policy falls outside of the deceased’s estate or should the PR pay out the funds as per the deceased’s last will and testament? Does anyone have any experience of this please and if indemnity insurance would be a good idea.

Louise Whitfield

That’s nice of the scheme administrators! Surely it is up to them to decide, and they should have due regard to all relevant information. That said, if I am acting for the legal personal representatives, I would obtain clarification from the scheme administrators as to whether “in accordance with the deceased’s wishes” means “in accordance with the deceased’s Will” as the two are not always identical.

I would be interested to learn how this develops, as I have a scenario whereby we intend to ask the scheme administrators to pay several siblings and half-siblings, whereas under the intestacy it is only the full siblings who inherit.

Haroon Rashid
I Will Solicitors Ltd