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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am sole beneficiary to my brothers death in service from

Customer Question

I am sole beneficiary to my brothers death in service from his workplace and pensions is the money mine or his to distribute in a will he made as he has no other monies to distribute
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

I note from what you say your brother has made a will in favour of other family members. To your knowledge, as he also changed his nomination for his death in service policy and pension?

JACUSTOMER-g9r59hwj- : No he left all to his brother 100% beneficiary on pension and death in service , but under pressure from his estranged son in the last week of his life he got a lawyer to write a will which shares. £125,000 between 9 people leaving 20% to his son and 20% to his estranged daughter ,but the will does not specify or contain any notes that his pension or death benefit has to be used and he did not have that sort of money without the death benefit which the company are set to pay out to his brother I hope you can clarify this dilema that has arisen . Regards kate
Joshua :

Thank you

Joshua :

So for the avoidance of doubt he made the new will you refer to above but to your knowledge made no chages to nomination of his death in service benefit. Is that correct?

Joshua :

I am very sorry that you have had cause to rate my service to you as poor. Was this intentional? I am conscious I have not been able to provide you with an answer yet. It is very important to me that you are satisfied with my service to you and I would welcome the opportunity to both change your mind and to assist you further and fully in this matter. Perhaps you could confirm if you would like to continue?

JACUSTOMER-g9r59hwj- : It was unintentional to rate you at this time I sent you further details to see if that would help with your reply
Joshua :

No problem. Thanks for confirming. Would you like to continue?

Joshua :

The only point I wanted to the absolutely clear upon before responding, is to your knowledge, your brother despite making a new will made no change to his nomination for his death in service pension. Is this correct?

Joshua :

I believe from what you say it is but I just want to be a hundred percent certain on the point before replying

JACUSTOMER-g9r59hwj- : There is no change to the death in service beneficiary or pension all are due to be paid to my brother as written by my my deceased brother
Joshua :

thank you. The position is that virtually all pension death in service benefits are held in trust. The effect of this is that any sums due on death to an individual do not form part of that individual's estate. The reasons behind this are principally that this can be tax efficient if the estate is liable to inheritance tax. However, as far as it applies here, the important point is that the death in service benefits will be paid to the person or persons your brother nominated to receive payment on his nomination form which he provided to the pension trustees. If he nominated you to receive the death in service benefit then you will receive that benefit directly from the pension trustees.

In the circumstances, it would not matter if your brother made a new will change that will leaving his estate to other people because if he provided a nomination form to the pension trustees, the money from the death in service pension never enters his estate but rather is paid directly by the pension trustees to the nominee specified.

Joshua :

Will is only capable of dealing with assets that for within the testators estate at the date of his death. I will does not have effect on any assets not held in the persons estate which includes almost all pension death in service sums as above.

Joshua :

Accordingly, if you believe you of a nominated person for his death in service benefit, you may consider contacting the pension trustees to confirm the position and arrange payment.

Joshua :

Is there anything above I can clarify for you?

JACUSTOMER-g9r59hwj- : No you have cleared this up my brother will now take it from here and thank you I appreciate your time to chat with me regard this matter and your quick execution of your expertise. Regards Kate
Joshua :

A pleasure. I am glad I was able to assist

Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to re-rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

JACUSTOMER-g9r59hwj- : Thanks I may need your services again and will recommend your page thanks
Joshua and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Joshua , thanks for your answer but we have another dilema my deceased brother has nominated his youngest brother on all pensions and death in service pay , we now find that he married his carer on 28th of November 2014to ensure she got 26 weeks paid carers leave from her employment and she told my brother she would get a years pension from the government , my deceased brother told her his young brother would give her £10,000 from all monies /pensions due to be paid out on his death to him , My young brother now finds that a will change since And the new will was made 3 days before death and he was on a high dose of morphine 24/7 through a driver system new will now leaves 20% to her 20% to both his estranged children And 4% each to her 2adult children that he didn't know does my brother need to contest this or is he still beneficiary of all death in service /pensions , he has checked and all have his name the afore mentioned believe hast to put all pensions in the pot to be shared or is it still his monies to distribute as per agreement with his deceased brother
Customer: replied 2 years ago.
Hi Joshua an you let me know if you received my revised question
Regards Kate
Expert:  Joshua replied 2 years ago.
Hello. I am out of the country until Wednesday morning. May I revert to you then?
Customer: replied 2 years ago.
Joshua, That's fine thanks for your reply I look forward to your response as this situation seems to be getting out of hand with all these twists and turns . Regards Kate
Expert:  Joshua replied 2 years ago.
Thanks for the above. TO be sure I understand the sequence of events correctly can I confirm these are as follows:

Your brother nominated your younger brother as the beneficiary of his death in service pension(s). He then got married. After he married, he made a new will reallocating his estate. He has not made any changes to his death in service nominations.

Is that all correct and in the correct order please?
Customer: replied 2 years ago.
All death in serviice and pensions nomination forms are still in the younger brothers name the deceased brother confirmed this three weeks before his death
then he was taken to hospice for constant pain relief he told my brother to give his wife 10.0000 on the release of the death in service to he younger brother and the younger confirmed he would although nothing in the original will made any provision for her
. We then discovered 3 days before his death a lawyer had visited him in the hospice to revoke the first will and write a new one leaving her and two estranged children from his first marriage 20%each nothing to his two children from his second marriage and 4%each to her two children 8% to his four siblings
he was really in no fit state to be considered to rewrite a will and has no other means to distribute £125000 as there is only £6000 in his bank account so if if these nominations stand who in fact owns the money the deceased or younger brother or does the wife of 11 weeks have any right to it
There is no mention of the money nominations on any part of the new will it says in order to settle the succession to my means and estate he then appoints his young brother as executor so does that mean he the young brother must use the money nominated to him to settle deceased brothers account
The young brother thinks he should contest the new will and would he be allowed access to brothers medical records to see if he was fit and proper to rewrite a will tht was compliant regards Kate
Expert:  Joshua replied 2 years ago.
Your brother is not legally bound by his request to pay his wife money from the pension. Your brother may feel morally bound to do so but that is a matter for his conscience.

The new will does not effect pension monies held in trust.

Reference contesting the will, firstly bear in mind the above. Secondly if your brother were successful in contesting the new will, the will would fail and revert to the earlier will. If no earlier will was made since his marriage to carer, then his wife would be entitled to the first £250K of his estate under intestacy rules because a will made before marriage is automatically revoked unless expressed to be made in contemplation of marriage
Customer: replied 2 years ago.
Thank you Joshua i feel he won't contest and although he is legally entitled to keep all monies his morals are such he will share equally to all children of his brothers two previous marriages and honour the 10k he was asked to give to the spouse but won't feel bad when her two daughters only get 4% of his moveable estate thanks for all your advice much appreciated Regards Kate
Expert:  Joshua replied 2 years ago.
I hope you resolve the matter to your satisfaction.