Spouse entitlement of my pension

WYSPECIAL

eastcorkram said:

How often does the expression of wish form get over ruled I wonder. I've never actually got around to filling that in for any of my pensions. 

If it’s a DB pension then a lot of the death benefits may only be payable to a widow(er) depending on the scheme rules. Expression of wishes would only cover scenarios where there was no spouse and be far less lucrative.

Pat38493

WYSPECIAL said:

eastcorkram said:

How often does the expression of wish form get over ruled I wonder. I've never actually got around to filling that in for any of my pensions. 

If it’s a DB pension then a lot of the death benefits may only be payable to a widow(er) depending on the scheme rules. Expression of wishes would only cover scenarios where there was no spouse and be far less lucrative.

This is what I was wondering - it may be that the rules of the pension require a marriage or civil partnership so the trustees might not even have discretion on the spouse  pension part.

Marcon

Pat38493 said:

WYSPECIAL said:

eastcorkram said:

How often does the expression of wish form get over ruled I wonder. I've never actually got around to filling that in for any of my pensions. 

If it’s a DB pension then a lot of the death benefits may only be payable to a widow(er) depending on the scheme rules. Expression of wishes would only cover scenarios where there was no spouse and be far less lucrative.

This is what I was wondering - it may be that the rules of the pension require a marriage or civil partnership so the trustees might not even have discretion on the spouse  pension part.

The most likely time an EOW is needed in respect of a private sector DB scheme is where the member dies within five years of their pension starting to be paid and the scheme offers a lump sum reflecting the balance of five years' payments.

The other possibility - where an EOW is very important - is if the scheme is used as the vehicle to provide a DIS lump sum for those still actively at work at the time they die.

eastcorkram

xylophone said:

How often does the expression of wish form get over ruled I wonder. I've never actually got around to filling that in for any of my pensions. 

I would imagine that overruling the expression of wishes would be uncommon - however, I could imagine circumstances where the Trustees would have regard to  the needs/perceived claims/rights of other dependants of the deceased not named on the expression of wishes.

Why have you neglected completing an expression of wishes form?

Don't know really. Just never done it. Small DB scheme , and DC Schemes. My partner isn't really going to have any need for it. If I did the expression of wish form and say my children, currently 32 and 29, then with reference to the DC money, would they get the value of it there and then? Or do they sort of get it as pension, which they can't access till 57 or whatever? 

If the expression of wish was used or overturned , I'd never know anyway. If I die with it still blank, where does the money go?

Lorian

We had a non secular wedding (not civil partnership) at the registry office for this very reason, as in my employers db scheme to the survivor pension is only payable to a spouse in the scheme rules. (I believe subsequent test in law also means this applies to a civil partner)

Followed some frustrating debate with the trustees.

It completely revitalised my tax planning too.

Don't forget new wills required if you get married