It is a difficult time.
We all know that, and we have probably said these exact words to family, friends, clients and colleagues a thousand times already throughout this coronavirus crisis.
Our lives are currently consumed with the developing situation we face, and it is understandable that certain topics are not at the front of people’s minds.
Sadly, and while trying to be completely realistic, some unexpected and difficult conversations may need to be had during this time.
However, while it may feel slightly uncomfortable at first, having certain conversations to consider and plan for certain events early enough, could save even more difficult and harder conversations from being had further down the line.
Will and inheritance planning are of course key; however what I specifically want to cover is why it is important to ensure that your clients have a current and up-to-date expression of wish in relation to their pensions.
An expression of wish provides guidance to pension scheme administrators/trustees as to who to consider as recipients of the death benefits.
Once the scheme administrator/trustees have made a decision as to who is to benefit, the recipient, whether they opt for a pension or a lump sum, takes complete control as to how they use the pension fund during their lifetime and who in turn they may wish to benefit from the fund on their death.
As circumstances change through life, clients should be making sure that, as they would with a will, any expressions of wish in existence should also reflect any changes.
In the five years since the introduction of pension freedoms the desire by some to make an expression of wish all-encompassing has led to unnecessary complexity and in some instances increased the risk of potential charges to inheritance tax.
The worst case I have come across to date is where the member laid out sixteen different scenarios as to who he wished to benefit depending on differing circumstances at the time of his death.
Many of these conflicted; presumptions were made that trustees could hold back paying benefits until certain beneficiaries attained a particular age, and as it continued it moved from asking the trustees to consider who should benefit to giving direct instruction.
So, these are my three golden rules when it comes to an expressions of wish:
At what would already be a difficult time, the last thing you want is your former client’s family/friends having disagreements and debates around who gets what and when. So stick to the golden rules.
Neil MacGillivray is head of technical support at James Hay