I was wrong. Aviva supply a standard deed of appointment https://www.aviva.co.uk/insurance/life-products/life-insurance/aviva-trusts/
With a massive disclaimer:
“Every effort has been taken to ensure that the form of this deed and the related printed documentation are legally sound but Aviva and its representatives cannot accept any legal responsibility for error or loss however caused”
Jack Harper
Essentially my understanding is the deceased should have completed a deed of appointment of beneficiary and then the deed appointing the fund to his mother.
He seemed to have only done the latter. Assuming mum is not a PB then the same still stands that she doesn’t benefit - is that correct?
We’re disclosing all of the documents to both sides so they can take a view and the families are largely all on the same page (which helps).
Though we’re considering getting the monies paid to the default beneficiary who is over 18 (the minor’s mum) so she may inwardly gift them to the deceased’s mum who was originally intended to benefit.
Could there be seen to be any issue here? I can’t but will be suggesting counsel advice in case because of all the pitfalls and let them decide which avenue to choose.
Nomination prior to appointment is only required for potential beneficiaries under para d of the list of PBS. The trust creation form requires no nomination before anyone in any other of the PB categories can be appointed to benefit. In the case of para d the nomination is to be directed to the trustees, not Aviva.
That’s my reading of it too. Thank you. This is very helpful