Janine asks:

My ex-husband and I have maintained a good relationship.  We have one son together.  We have both re-married but while I have made out a will providing for our son, my ex does not believe he needs one.  He has told me that he has nominated our son to receive his company pension in the event of his death (without his present wife's knowledge).  I am not sure that he can nominate our son - surely his wife would be automatically entitled?  I would be grateful for clarification - if he is wrong I may be able to persuade him that a will is the only way he can be sure his son gets something. Thanks in advance for any help.

It is a bit difficult to provide a definitive answer to this without knowing all the facts. It depends what type of company scheme your ex-husband is in and what the scheme rules say. Normally any survivor’s benefits would be payable to their husband or wife, but in some instances a child’s pension can be paid. If there is a lump sum death benefit payable it is usually distributed at the discretion of the scheme’s trustees who will be influenced by any “expression of wish” form completed by the deceased (however they are not committed to following it).

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