The complainant alleged maladministration by a trustee and
administrator of a personal pension plan. The complainant had been
the member's partner for a number of years and the member had
signed a nomination form in her favour. She claimed that the
trustee had acted perversely and contrary to the member's wishes in
paying half the proceeds from the pension plan to the member's wife
(from whom he had been separated for 9 years).
The Ombudsman held that both the complainant and the member's wife
qualified for consideration as potential beneficiaries and he
therefore had to consider if the trustee had acted improperly or
perversely in coming to the decision it did. He referred to Edge
v Pensions Ombudsman and found that the decision was perverse
as the trustee received and considered prejudicial allegations
about the complainant without testing their truth or giving her an
opportunity to respond.