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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.
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?
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?
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?
No problem. Thanks for confirming. Would you like to continue?
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?
I believe from what you say it is but I just want to be a hundred percent certain on the point before replying
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.
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.
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.
Is there anything above I can clarify for you?
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