Unmarried Couple Survivor Pension Ruling

Unmarried Couple Survivor Pension Ruling.

When you take out a pension scheme there is usually a section to complete a “Expression of Wishes” on death.

A pension scheme is technically a discretionary trust.  What this means is that you cannot definitely leave a pension scheme on death to loved ones but the ‘Expression of Wishes’ gives the trustees of who would you like to benefit from your pension on death if in fact there are any death benefits or survivor benefits for a spouse, partner or children.

Some company pension schemes will only pay out on death to a legally married spouse, civil partner or children (below 18) others have wider definitions.

In a recent court case in Northern Ireland, an unmarried man had not completed an “Expression of Wishes” or nomination on death and he sadly passed away.  His partner, they were not married, tried to claim pension rights as they had been together for over 10 years and the Local Government Pension Scheme refused as no nomination of wishes had been completed.  They had lived together for 10 years and were engaged.

Last week, the Supreme Court ruled in favour of the surviving partner citing the European Convention on Human Rights and Fundamental Freedoms that a requirement for a nomination to have been completed was discriminatory and the claimant won her case and has been awarded a survivors pension.

All this just because a form was not completed.

If you are not sure whether you have completed an Expression of Wish form, contact your pension company.  Indeed, if you situation has changed e.g. divorce, then perhaps you need to double check and update any expression of wishes or nomination details.