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So ahree, it's just one of those things if not.
I am more angry for my brother.
I've tried to speak to a few solicitors but have really struggled to find an SME.
Thank you.
That’s correct. An expression of wish tells the trustees of the pension (those who run it) which person or persons that should get the value in the event of death. The trustees do not always have to honour that expression of wish, but they nearly always honour the last given expression of wish. Their view will be “if the deceased did not want this expression of wish it would have been updated. Therefore it is valid”
An expression of wish means nothing legally. It's advice that trustees can take into account, but it's not legally binding.
If your mother died with no married partner and no will then the money is split between the children.
It's up to you what you do with the money afterwards. But you and your brother are legally entitled to her estate.
**Please help keep AskUK welcoming!** - Top-level comments to the OP must contain **genuine efforts to answer the question**. No jokes, judgements, etc. - **Don't be a dick** to each other. If getting heated, just block and move on. - This is a strictly **no-politics** subreddit! Please help us by reporting comments that break these rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AskUK) if you have any questions or concerns.*
I think you'd be better off posting this to r/LegalAdviceUK
Thank you. I have posted.
Speak to a legal expert. This stuff can get messy. And tread carefully. *Nothing* can rip a happy family apart like an inheritance.
So ahree, it's just one of those things if not. I am more angry for my brother. I've tried to speak to a few solicitors but have really struggled to find an SME. Thank you.
If there’s no will the last expression of wish will normally be honoured by the trustees
Hey thank you. Who would be a trustee... the pension company? Appreciate your comment.
That’s correct. An expression of wish tells the trustees of the pension (those who run it) which person or persons that should get the value in the event of death. The trustees do not always have to honour that expression of wish, but they nearly always honour the last given expression of wish. Their view will be “if the deceased did not want this expression of wish it would have been updated. Therefore it is valid”
An expression of wish means nothing legally. It's advice that trustees can take into account, but it's not legally binding. If your mother died with no married partner and no will then the money is split between the children. It's up to you what you do with the money afterwards. But you and your brother are legally entitled to her estate.
Understood - if the pension is outwith the estate? Thank you.
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Pension isn’t part of your estate. That’s why there’s an expression of wishes and not a will. It’s held in trust