Atterbury Payne Solicitors

What Happens to Your Pension if You Pass Away Before Retiring?

Pension savings are usually not covered by your will, so your provider needs separate instructions to understand your preferences.

An expression of wish form tells your pension provider who you’d like to receive your pension savings if you die before taking your pension. This applies to most workplace and private pensions.

It is not legally binding, but your provider or pension trustees will consider it when making a decision.

Without this form, decisions may be made without your input.

Completing the Form

Forms may vary slightly between providers, but they generally ask for:

  • Your personal details (e.g. name, NI number, pension account number)
  • Names and contact details of your chosen beneficiaries
  • The percentage of your savings you’d like each beneficiary to receive (totalling 100%)

Some forms also allow you to nominate charities or provide extra information.

You can usually fill in the form online or request a paper version from your provider.

Who Can Be a Beneficiary?

This depends on the type of pension:

  • Defined contribution (money purchase) pensions
    You can nominate almost anyone – family, friends, or organisations such as charities.
  • Defined benefit (final salary) pensions
    You may be limited to certain eligible individuals as defined by the scheme rules.


Keeping Your Form Up to Date

You can change or update your form at any time. It’s a good idea to review it after significant life events, such as:

  • Marriage or civil partnership
  • Divorce or separation
  • Birth of a child
  • Bereavement

If you don’t update your form, your pension could be paid to someone no longer relevant (e.g. an ex-partner).

Newer forms override previous ones.

Will the Provider Follow My Wishes?

They will take your preferences seriously, but the final decision rests with the pension provider or trustees. In some situations, they may decide differently – for example, if circumstances have changed since the form was completed.

What If a Beneficiary Dies Before You?

If named beneficiaries have passed away or can’t be found, the provider will use discretion to identify alternative recipients.

Some forms allow you to name alternative beneficiaries (e.g. “If my spouse has died, split equally between my children”). Avoid overly complex instructions, which could cause confusion or delays.

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