Pension Beneficiaries - estranged uncle

[Itwasatry]

I wonder if there might be a lovely mumsnetter out there who can give me a bit of advice to pass on. My mum died last year and we (my dad, brother and I) received a letter from the solicitor outlining her estate before making an application for a Grant of Confirmation to the Sheriff Court (Scotland). It's not a large estate and none of the contents is controversial.

In my DD's letter there is an extra paragraph stating the solicitor has been advised by the private pension provider that the pension does not form part of the estate and will be settled at the discretion of the Trustees. In order for the private pension company to determine who finds should be paid to, they require details of DMs siblings.

My DM was estranged from her brother and I don't believe she had seen him since her own DMs funeral 4 years ago. They had been close growing up but he had struggles with alcohol, stole money from his DM and in recent years was found guilty of sexual offences.

My DD has strong reservations about any involvement with the brother and worries that he may try to disrupt the execution of the pension by making a claim. My DM split her pension beneficiaries 98% to my DD and 1% to both my DB and I. We have read that the trustees will make the decision and can override this. It isn't a huge pension.

I believe requesting the siblings details is in all likelihood a formality so that the trustees can say they have considered their decision fully. Does anyone know more about this so I can reassure my DD? This seems to have really rattled him.

Not a lawyer, but I would be tempted to say that you believe she had a brother she was estranged from but that you have no contact details or knowledge of him.

Thanks Hatty65 - sorely tempting but my DD wouldn't lie. They're actually only requesting full name and DOB not contact details.
We do have contact details. When my DM was ill in hospital and it became apparent she would not make it she asked us to contact him as she wanted to speak to him. They were once close. He didn't pick up the phone. The day before DM died, my DD went to his house and was told to fuck off.
I'm sure most families have one - but we'd all rather just have nothing more to do with this man.

That sounds really difficult, @Itwasatry I'm really sorry for your loss. Can you put name and DoB down then, and is there any way of attaching a note to say 'they were estranged'?

I know the Scottish laws are different (DH is Scottish) but it still seems odd to me that they want details of siblings. Clearly your DDad and the two of you are your DMs closest kin. Your DM appears to have made her pension wishes clear, so I can't imagine that the Trustees would override this for a brother, to be honest.

Thanks @Hatty65 - that's exactly what I'm thinking. Was just hoping someone might be able to confirm either way. I think it'll be a long weekend for my DD before he can speak to the solicitor/ pension company.

Absolutely provide the details that they were estranged. They have discretion over it.

He'll absolutely provide the details - is just worried about the consequences of this. I'd like to be able to reassure him but don't know enough to do so

If your parents were married, then I can't see why they just won't pay out to your father.

My sister passed away last summer and was hounded by her pension company for contact details for my father. It was probably the most painful part of having to deal with her estate as my father hadn't bothered contacting my sister is about 25 years. I told them several times they were estranged and asked them to make the payout to my mother, but they contacted me so many times I ended up giving them my fathers last known details just to get them off my back. He's probably pissing the money up the wall right now as we speak

I was involved as a trustee in our company’s pension scheme in England. We generally always followed the expression of wish unless a very good reason not to. The only time we didn’t was when the deceased had a secret child who we gave some of it to. In the same case the deceased’s brother also made a claim but was unsuccessful and didn’t get any. We did have to explore for all available relatives though, so we could say we had considered them and limit challenges. Wishing you and your DD all the best OP.

I'm so sorry you lost your sister @BumpheadParrotfish, your dad sounds like he's cut from the same cloth as my uncle. What a slap in the face to her memory. I hope you and your mum are both doing ok.xx

Thanks @CuriousGeorge80 so helpful to hear from someone with experience as a trustee.

I would ask your solicitor for advice. My understanding in Scots Law is inheritance can be objected to (sorry not the right word) if it doesn't pass to direct descendents? Could your solicitor contact the pension company on your Dad's behalf to make this point?

I work for a Financial Adviser and have had a few cases of pension beneficiaries.

It's a standard form as the trustees need to check there are no other potential beneficiaries. If there is an expression of wish in place it would be rare for it not to be followed.

I wouldn't worry it is just standard procedure. It's very unlikely that the other relatives will be contacted.

I agree with this having experience of being a pension trustee, albeit in England rather than Scotland.

It would be rare not to follow the expression of wish, even more so when that document names the spouse and children as the beneficiaries. I am positive that they are only asking for this information to prove they have considered all other potential beneficiaries in the event of anyone complaining.

I would provide the information they have asked for and absolutely tell them that your mum was estranged from her brother and had not seen him in many years. But I don't think your dad has anything to worry about.