I'm in the process of filling out the forms for Probate. With the help of the IHT & Probate helpline I have found that the pension pot "refund" and death in service benefit do not form part of the estate for IHT purposes. The reason for this is that these payments are at the discretion of the trustees and the Expression of Wishes is non-binding.
A solicitor tonight has advised me that these payments also do not form part of the estate for discharging debts and fulfilling the Will. Can I have some confirmation that this advice is correct before I tell the Bank that the estate can not meet its debts.
Thank you