Ken Ballard Limited Retirement Benefits Scheme (PO-1791)

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:

• Mrs Worden did not complete the necessary form to obtain her pension benefits;
• following her death the process the Trustees adopted in seeking to give effect to the purpose of the Scheme, the wishes of Mrs Worden and assessing the claims of potential beneficiaries  was not inappropriate;
• under the ‘new’ or ‘old’ Deed of the Scheme payment could not be made to Mrs Worden’s estate.