Pensions - Articles - Trustees must act in aftermath of Brewster decision

 Daniel Taylor, Director at Trafalgar House, commented: “Trustees of private sector pension schemes who think they can dismiss the outcome of the Brewster decision due to its limited application to government-backed schemes should think again. The ruling has set an expectation amongst unmarried individuals that their partner will now be entitled to their pension when they die, so, unless trustees act now to properly inform members about the limits of this ruling, then administrators will be subjected to a flood of complaints from unmarried couples.

 “Whenever a case like this hits the press members are given a false expectation and it is pension scheme administrators who are on the frontline trying to manage those discussions. Unless there is proactivity from schemes to explain that they are unlikely to be affected, then members will assume that this ruling gives their cohabiting partner automatic access to their death benefits - which will inevitably cause a sharp rise in complaints.”

 Taylor added: “This is a difficult situation for schemes and what’s worse is that there is the potential for members to stop filling in expression of wish forms nominating their unmarried partner because they now think the law affords automatic protection – a mistake that could have serious implications for families in later life.”