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What happens do a pension when die

81 replies

Blondeshavemorefun · 26/04/2024 20:02

Just that really

Does a pension go to the next of kin /spouse /children automatically

Or does it need to be in a will

Have visions of putting lots into a pension and me dying before getting it

So what happens to it?

Does the person who gets it get it in one lump sum Or taxed on it

And if no will then what happens (obv I have a will) just wondered

Same with state pension

Once they die does their state pension go to someone of its money not received any more

Sorry if silly questions

OP posts:
Blondeshavemorefun · 08/05/2025 08:56

MagicKittens · 08/05/2025 07:46

If this has been more than a short marriage, he probably has a claim on the house and pension, sorry.

No claim on house . I have a signed legal cohabitation agreement - married just over 3yrs

OP posts:
MCCN · 08/05/2025 09:11

Are you in the UK? They are only for unmarried couples aren't they? Perhaps you mean a prenuptial agreement.

Either way if you're getting divorced you'd better get some proper legal advice pronto.

notatinydancer · 08/05/2025 10:33

MichaelFlatulence · 27/04/2024 20:03

Wrong. Private pensions pass in full.

Not all of them.
My partners doesn’t.

MichaelFlatulence · 08/05/2025 10:52

notatinydancer · 08/05/2025 10:33

Not all of them.
My partners doesn’t.

Final salary/CARE/Hybrid pensions, known as scheme pensions don’t, private pensions do.

Annuities are different again as one selects the death benefits unless a GAR is offered.

Private pension is not a reference to a pension that is ‘yours’ and not government provided, it’s a legal pension type and they do pass in full.

notatinydancer · 08/05/2025 11:26

MichaelFlatulence · 08/05/2025 10:52

Final salary/CARE/Hybrid pensions, known as scheme pensions don’t, private pensions do.

Annuities are different again as one selects the death benefits unless a GAR is offered.

Private pension is not a reference to a pension that is ‘yours’ and not government provided, it’s a legal pension type and they do pass in full.

My partner has private pensions , neither of them will pass to me. We have looked into it.
Maybe because we’re not married, but they definitely don’t. We have looked into it twice.

MichaelFlatulence · 08/05/2025 11:45

notatinydancer · 08/05/2025 11:26

My partner has private pensions , neither of them will pass to me. We have looked into it.
Maybe because we’re not married, but they definitely don’t. We have looked into it twice.

As I said this is a vocabulary issue. If he has a RAC (type of pension people bought in the past), they can die with you. If he has a GAR, same. These get referred to as 'private pensions', but they are not, not legally they are a different legal structure. S32buyout, again can die with you.

If a pension is in payment in the form of an annuity then the death benefits have been decided.

Unfortunately the word pension means different legal structures and about the only one that people don't think of as a private pension is the state pension

What you need to do, IF this is not a pension already in payment, is transfer the pot to one that can be left to you, you can need a block transfer to preserve some T&C's but the principle of a DC pot that can then be left to anyone stands. Some pension pots can't do this, but most of them can.

You should also think about getting married, not for romance, but for money

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