The Patrick Eddery Pension Fund (PO-24832)

Ombudsman’s Determination

Outcome

Mr Y’s complaint is partly upheld. To put matters right, Emma Louise Owen (Miss Owen) shall pay Mr Y £500 for the significant distress and inconvenience caused. No further action is required by Frank Rawlins Jarvey (Mr Jarvey), BW or the Company. 

Complaint summary

Mr Y’s complaint concerns the Trustees’ decision not to pay him a proportion of the death benefits from the Fund, following his father’s (the late Mr Y) death. He believes the Trustees did not exercise their discretion appropriately, as they did not consider him as a potential beneficiary when deciding how the death benefits should have been distributed. 

He also believes that BW failed in its duty as Fund Practitioner (Practitioner), to act in the interest of the beneficiaries, in relation to the distribution of the death benefits. 

He says both BW and the Trustees’ actions have caused him significant distress.