Complaint Summary

The Executors are complaining about the refusal to pay to the estate the benefit they say is due in respect of the failure to pay Mrs Worden a pension before she died.

Summary of the Ombudsman’s determination and reasons

The complaint should not be upheld against the Trustees or MFW because:

Complaint Summary

Mrs Cole says that she was nominated to receive a pension by her late partner. There is no record of the nomination so the pension has been refused.

Short reasons

Following an oral hearing, the complaint is upheld on the basis that it is more likely than not that the form was completed and sent. Mrs Cole should receive a pension, therefore.

Complaint summary

The complaint brought by the Applicants against Phoenix Life Limited is that they have incorrectly paid out the death benefit that was payable under the Scheme to the wrong party.

Complaint summary

Mrs Whitehead has complained that MW Trustees refuse to finalise the transfer of her late husband’s benefits following his death.

Summary of the Ombudsman’s determination and reasons

The complaint should not be upheld as the transfer was not complete at the date of the member’s death with MW Trustees being entitled to put a stop on the transfer on the member’s death.

Complaint summary

Ms Berry has complained that her brother was denied the opportunity to transfer his Plan benefits to his SIPP before he died.

Ms Berry wants to be paid the difference between what she has received following Mr Berry’s death and what would have been paid as a transfer value.

Summary of the Ombudsman’s determination and reasons

The complaint should not be upheld against Hymans Robertson because;

Complaint summary

Ms Berry has complained that the Trustees of the Plan refused to transfer her brother’s funds to his SIPP even though they knew his life expectancy was less than 12 months.

Ms Berry wants the Trustee’s to pay her the difference between what she has received  following Mr Berry’s death and what would have been paid as a transfer.

Summary of the Ombudsman’s determination and reasons

The complaint should not be upheld:

Complaint summary

Ms Askew has complained that the Trustees have not paid her a dependant’s pension or the lump sum death benefit, following the death of the late Mr Brown.

Summary of the Ombudsman’s determination and reasons

The complaint is not upheld against the Trustees because the decision to award a dependant’s pension and whom to award the lump-sum  death benefit to is at the Trustee’s discretion and I am satisfied that their discretion has been exercised correctly in both instances.

Complaint summary

Mrs Barnicoat complains that HLAM, the trustees of the SIPP, failed to exercise their discretionary power to award the death benefits available from the SIPP to her on a timely basis. She says that she has suffered significant financial loss and also considerable distress as a consequence of their delayed decision.

Complaint Summary

Mrs Buffoni has complained that Standard Life were guilty of systemic management control failure; negligence in accepting the trusteeship of two potentially conflicted SIPPs without ensuring an adequate method for resolving conflicts; poor communication, delay and incompetence and repeated failed assurances of action.  As a result a property within the SIPP was not sold within two years of her husband’s death and she lost the opportunity to take the money tax free.

Complaint summary

Ms P Lettman has complained about the death benefits payable from the LGPS in respect of her late son, Mr K R Lettman, being subject to a 40% tax charge as an unauthorised payment, due to not settling the death benefit within two years.

Summary of the Ombudsman’s Determination and reasons

The complaint should be upheld against LBHF and to a lesser extent LPFA because: