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Expression of Wishes vs Will

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If the beneficiaries named in my Expression of Wish (for my pension, death in service, life assurance etc) differs from the details in my will, which takes precedence?

This is theoretical in my case (currently) but would be good to know.  Ta.
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Comments

  • Your pensions and life policies (if written in trust) are not part of your estate so your will simply does not have any authority over them.
  • Saga
    Saga Posts: 303 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Thank you.  Looks like I have to do a lot of reading up and familiarisation with the jargon (no idea what "written in trust") means.
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  • The trustees may decide to take into consideration what you've written in your will, should a potential beneficiary in it point out that at one time they were to benefit from the DiS, pension etc.  But that's not to say the trustees would change your current wishes, just a small possibility.
    Seen it all, done it all, can't remember most of it.
  • Saga said:
    Thank you.  Looks like I have to do a lot of reading up and familiarisation with the jargon (no idea what "written in trust") means.
    https://www.confused.com/life-insurance/guides/writing-life-insurance-in-trust
  • Have you completed a form for your employer specifying who is to benefit from your death in service payment/pension?

    Our experience of this was that the company pension providers were trustees. In spite of them having a completed nomination form (& an intestate estate), they wrote to us as NoK & estate executors & asked if we had any comments or circumstances we wished them to take into consideration prior to releasing any funds. To be honest I was somewhat surprised that any comments or circumstances could/would have been taken into account given that they had a crystal clear form completed by the deceased, but it seems that as trustees they could vary that if the 'case' was worthy of further consideration.  Still surprises me that we could have put a spanner in the works if we chose to.

    That's all you should think about, loosely anyway, just in case there is a challenge if the nomination form or your expression of wishes differs greatly from your Will. That the Will beneficiary might be in a position to challenge it, maybe not remotely successfully, but just adding a delaying complication to what should be dealt with promptly & simply. 

    Seen it all, done it all, can't remember most of it.
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