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Pension death benefits for children and ex-wife as legal guardian?

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  • Pension death benefits for children and ex-wife as legal guardian?

    My late brother has a payment from a pension scheme of which his minor children are beneficiaries. I'm told that that his payment falls outside of his estate/Will of which I'm named as the executor and trustee of any proceeds on behalf on his children. (This Will also mentions that his ex-wife and the mother of these children should not benefit from his estate).

    I've been told by the pension company that the payment has to be made to the children's legal guardian (his ex-wife and their mother). Is there any way to ensure that this amount is paid in to the main trust for his estate, where his ex-wife can't just spend the payment as she wishes? Or anything that could be actioned to ensure that the funds are held until the children reach 18?
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  • #2
    Unusual for pension death benefits to be paid to the child's guardian.
    Normally, in my experience anyway, the pension fund arrange for a Deed of Settlement to be drawn up and for trustees to be appointed to look after the money until the children come of age.
    If there is a trust fund already set up there is no reason why* the death benefit should not be paid directly into the Trust bank account.
    They will need to see documentary evidence of the Trust bank account to include the title, sort-code and account number (eg a letter from the bank on their own headed paper). For building society accounts they would also need the roll number.

    I don't think the position has changed over the past few years since I was involved in life & pensions so perhaps WRITE back to the pension company and argue your position.

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    • #3
      Thank you for the insight and advice.* I also spoke to the Pension Advisory Service and plan to write to the trustees at the pension company.

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