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Discretionary trust - pension of deceased not added

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  • Discretionary trust - pension of deceased not added

    So my mother passed away in July 2019 putting my share into a Discretionary Trust.

    I have a letter from the Trustees solicitor that I am apparently entitled to both the income and the capital, even though I have never received a penny since she died.

    I have one major problem I need advice on.

    When my parents got divorced in the early 2000's, my mother as part of her divorce settlement had a substantial amount of money from my father's workplace private pension.

    She received a whopping 500,000, but this pension for some reason has been left out of her overall estate.

    I believe for whatever reason that the Trustees hid this money, and have clearly not declared this to the Probate people as the overall net value was only just under 1million.

    After taxes, her net estate was only around 450K

    Its quite clear looking at figures provided, this pension appears to have been left out surely that is fraudulent and depriving the estate.
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  • #2
    As far as I'm aware (not a lawyer), then assuming this money is still within the pension fund it does not form part of the deceased's estate and is not subject to inheritance tax. It's normal for anyone with a private pension to stipulate to the Trustees of the pension what should happen to those funds when they die. So I think you need to contact the pension fund?


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