Is an expression of wishes legally binding?

Usually not strictly binding — for discretionary schemes the trustees have the final say — but they normally follow an up-to-date expression of wishes. Some arrangements are binding nominations; check with your provider.

Does my will override my pension nomination?

No. For discretionary pension schemes the nomination (expression of wishes) controls who benefits, not your will. That's why the form must be kept current.

What is an expression of wishes?

Q: What is an expression of wishes?

An expression of wishes, or nomination form, tells the trustees of a pension or life policy who you would like to benefit when you die. These assets usually pass outside your will, so the trustees follow this form rather than your will.

England & Wales · Pensions · Nominations

Quick answer

An expression of wishes (or nomination form) is how you tell the trustees of a pension or life policy who you'd like to receive the money when you die. Because these assets are usually held in discretionary trust and pass outside your will, the trustees follow your nomination — not your will. Keeping it up to date is essential, or the money can go to the wrong person.

Detailed explanation

It's one of the most overlooked documents in estate planning, precisely because it sits outside the will.

Why it exists

Most modern pensions and many life policies are held under a discretionary trust. The trustees decide who benefits, guided by your expression of wishes. This keeps the money out of your estate for distribution — and historically out of inheritance tax, though pensions move within inheritance tax from 6 April 2027.

Why keeping it current matters

Your will does not control these benefits. If your nomination still names an ex-partner, the trustees may pay them. Review it after any major life change — marriage, divorce, a new child, a death.

Example scenario

Anna divorces but never updates her pension nomination, which still names her ex-husband. When she dies, the scheme trustees — guided by that form — pay him, even though her will leaves everything to her children. A quick update would have prevented it.

Two-minute job, big consequences. Review your pension and life-policy nominations whenever your circumstances change. From 6 April 2027 unused pensions also count for inheritance tax.

What happens next?

Complete the questionnaireA few guided questions about you, your family and your wishes.
Human reviewYour answers are checked by the ClearLegacy editorial team for completeness.
Receive your documentsYour will and supporting paperwork are produced, ready to print.
Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.

Sources

MoneyHelper — What happens to your pension when you die
GOV.UK / HMRC — Inheritance Tax on pensions (changes from 6 April 2027)
The Pensions Regulator — death benefits guidance

Reviewed by: ClearLegacy editorial team
Last reviewed: June 2026
Next review: December 2026
Jurisdiction: England & Wales

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