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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am executor to my late Aunts estate. My Aunt died on 7/10/14,

Customer Question

I am executor to my late Aunts estate. My Aunt died on 7/10/14, she was widowed and has no children. My Aunt was in receipt of a small Pension from her previous employer. In September 2014 she was offered the opportunity to exchange her pension for a Lump Sum Payment. She accepted this offer and sent the paperwork on 1/10/14. The offer stated the forms needed to be completed and returned by 19/10/14. It states that 'On receipt of your completed forms we will recalculate the one-off cash lump sum in respect of your benefits in the Scheme and the lump sum payment, net of tax, will be paid directly into your bank account in January 2016'. I advised the company that my Aunt had died, and was told that as she does not leave a surviving spouse there are no further benefits payable. I wrote to them questioning the fact that as she had accepted their offer within the conditions stated, that I believed the lump sum should be payable to my late Aunts estate, and as Executor I am obliged to follow this up. I have written to them now on 3 occasions, and have not even received an acknowledgement, let alone a response. Am I correct in believing the money is due to the Estate and therefore should I be pursuing it in Court? I have asked for copies of their complaints policies, offered mediation, etc, but no response has been received. Thank you *****
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.Sadly since the payment would t have been made in January 2016 it was contingent on your Aunt being alive at that time.However that does not excuse their refusal to respond to you which you can report to the Ombudsmanhttp://www.financial-ombudsman.org.uk/consumer/complaints.htmPlease ask if you need further detailsClare
Customer: replied 9 months ago.
Hi Clare, thank you for your response. Nowhere in the offer does is state that my Aunt must be alive in January, it just states that she must accept the offer before 19th October, which she clearly did. It is my understanding that the time between the acceptance and the payment was for administration purposes, so surely it should still be payable to her estate? I will definitely be lodging a complaint with the Financial Ombudsman, and thank you for that information. Regards *****
Expert:  Clare replied 9 months ago.
Hi DawnI am afraid that they would not have had to state it in the offer - it is a part of the original rules.Clare

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