Can a pension earned by a married partner be part of the estate and willed to others on the death of the person?

[Haggertyjane]

Or is a personal pension always awarded as a percentage to the surviving spouse even it they are not mentioned in a will made by the deceased?

Ditto with a life insurance policy? Does it go to the person named as next of kin ie, husband or wife or is it part of the estate and goes into the estate value pot?

Do you mean this:

John is married to Janet. John has a workplace pension. John dies. He didn't mention the pension in his will. Will she inherit the spouse's share?

If that's what you mean, then yes, she will. However it might well be different if they are not married and he hasn't named her as a beneficiary.

As for a life assurance policy, it will go to a named person (when it was set up) or next of kin (Janet) if he wasn't married when he set it up.

It should go to the named beneficiaries.

My late-DH's pension went to his 2 children.
His life assuramces went to various places, including his 2 children and ex-wife.
They were all written in trust, and so fell outside the estate.

If no named beneficiaries then it is at the discretion of the trustees.

If not written in trust then it may fall to the estate.

when my and dh workplace pensions were set up the name of a beneficiary was required, it did not need to be a spouse. it could be a child.

Hopefully this is the case. Another thing on the solicitor list

It all depends on the terms of the pension. Often they fall out of the estate and benefits are paid to a defined or nominated beneficiary. Sometimes they fall in to the estate.

A final salary pension is more likely to be paid to a surviving spouse outside the will.

Each pension is different so you must contact each provider and make a claim.

Thank you. We'll have to check all the policies

If final salary scheme the scheme rules determine . Usually spouse and /or dependent children . Definitions of both vary and there May be other attaching conditions. Money purchase paid out as per expression of wish form but with Trustee discretion.