MP Estate Planning UK

Protecting Pensions From Inheritance Tax

protecting pension death benefits from inheritance tax uk

From April 2027, most unused defined contribution pension funds and pension death benefits are planned to be counted as part of a deceased person’s estate for IHT purposes. This is a significant change for families who have used pensions as a long-term household asset rather than spending them first.

We will explain the reforms in plain English and set out why the shift matters. Who this guide is for: homeowners aged 45–75 with meaningful retirement savings who want to reduce avoidable cost and admin for their family.

We’ll outline the practical options, what each option suits, and the likely trade-offs: cost, control, complexity and tax. The rules are still draft and may change, but planning windows matter, especially in 2025–26.

We can educate and help you frame decisions. But remember, regulated financial advice and legal advice have distinct roles depending on the steps you choose. For full details of the proposals see the government publication on unused pension funds and death.

Key Takeaways

  • The April 2027 changes may bring many pension pots into an estate assessed for IHT.
  • Those with sizable retirement savings should review options now while rules remain draft.
  • Options vary by cost, control and complexity; there is no one-size-fits-all solution.
  • We explain steps you can take and when to seek regulated advice or legal help.
  • Personal representatives will have new duties that affect estate administration.

Why pension inheritance tax is changing from April 2027

We explain how the 2015 reforms led to the current policy rethink.

Since 2015, beneficiary drawdown removed the 55% charge and let families leave DC pots invested. That made many people treat funds as a multi‑generational investment wrapper for long‑term household wealth.

april 2027 pension changes

What the government plans to alter

The draft policy aims to treat most unused DC funds and death benefits as part of the estate for IHT for deaths on or after 6 April 2027.

Who is likely to be affected

Those with sizeable defined contribution pots, property and ISAs face the biggest risk. Adding a pot’s value can push an estate over nil‑rate bands and create a new IHT liability.

  • Practical effect: more valuation steps and reporting for executors.
  • Timing: applies to deaths on or after 6 April 2027, not earlier events.
  • Scale: the OBR estimates about 10,500 estates may newly pay IHT in 2027‑28.

What counts as pension death benefits for IHT and what’s excluded

Not all payouts are treated the same; we spell out which common arrangements are likely to be included in an estate and which usually are not.

death benefits

Defined contribution items likely in scope

Most unused DC pots will be included under the draft rules. That means lump sum payments from unused funds and payments taken under drawdown may be part of an estate.

  • In scope: lump sum death payments from unused and drawdown arrangements, beneficiary drawdown and beneficiary annuities.
  • Annuity items: guaranteed period payments and annuity contract balances can also be counted, so check older paperwork.

Key exclusions and special cases

Certain recipients and schemes sit outside the estate. Payments to a spouse or civil partner and gifts to charity remain exempt.

  • Dependant’s scheme pensions and some death-in-service lump sums are usually excluded.
  • Where a dependant annuity was set up alongside the member’s annuity, it often stays outside the estate.

Practical checklist for families

CheckWhy it mattersAction
Which schemes you holdDC or DB affects scopeList providers and plan types
NominationsWho is a beneficiary or partnerReview and update expression of wish
Existing annuitiesGuaranteed periods may be includedCheck contract wording

How much inheritance tax could be due on your estate

A few clear figures will show when a 40% charge becomes relevant to an estate.

The nil‑rate band is £325,000 per person. It is the amount exempt from inheritance tax before the standard 40% rate applies. Use it first against estate value to see what, if anything, is taxable.

Residence nil‑rate band can add up to £175,000 when a home passes to direct descendants. That means a single person may have up to £500,000 of combined allowance in common cases.

inheritance tax nil-rate band

Spouses and civil partners can transfer unused nil‑rate band at death. That often doubles the available allowance for the surviving partner, so keep clear records of earlier filings.

The 40% rate and when it bites

If your estate value exceeds available bands, the excess is taxed at 40%. For example, a £700,000 estate with £500,000 allowance faces 40% on £200,000 — a £80,000 charge.

Note the residence band tapers once total estate value passes £2,000,000. That means adding asset values — including some pensions — can push an estate into a higher liability bracket.

We recommend modelling scenarios over the next few years. If you need practical support, see our short guide on help with IHT planning.

protecting pension death benefits from inheritance tax uk: the buyer’s guide to your options

This buyer’s guide sets out practical routes you can consider to manage future liabilities.

Keeping funds invested vs drawing down

Leaving investments untouched can preserve growth and simplify cash flow in later life.

Drawing down earlier gives income now but may increase heir liability and affect means‑tested rules.

Spousal planning and exempt recipients

Transfers to a spouse or civil partner remain broadly exempt. That is often the simplest route to protect family wealth.

protecting pension death benefits from inheritance tax uk

Gifts, charities and trusts

Gifting outright can become exempt after seven years. The market value at the time of gift matters.

Regular gifts from surplus income are exempt if they don’t reduce your standard of living. Keep clear records.

Gifts to qualifying UK charities are IHT‑exempt and cut liability while supporting causes you care about.

Trusts can help control assets but often trigger IHT events, potential CGT and ongoing trustee duties. They add complexity and cost.

When to seek advice

Use regulated financial advice for drawdown or investment moves. Seek legal advice for Wills, trusts and deed drafting.

Life insurance to cover the IHT bill without disrupting your investment strategy

Life cover can be a practical way to fund a future liability while you keep investments untouched.

Whole-of-life policies written into trust guarantee a lump sum on passing. That sum sits outside the estate when correctly set up. Money can reach trustees or family quickly, so your heirs need not sell property or other assets in haste.

life insurance sum

Why speed and liquidity matter

Probate can take months. Executors may face an immediate bill while assets remain illiquid.

Insurance provides ready cash so households avoid rushed sales and emotional pressure at a difficult time.

Key disadvantages to consider

  • Premiums rise with age, so cost can be significant for older applicants.
  • Cover funds the liability; it does not reduce the amount owed.
  • Liability levels can change, so the sum assured needs regular review.

Fixed-term assurance for time-limited risks

Term policies suit periods of known exposure, such as the seven-year window after a large gift. They are cheaper but expire once the period ends.

Policy typeBest forKey proKey con
Whole-of-life in trustLong‑term estate coverProceeds outside estate; fast paymentHigher ongoing premiums
Fixed-term assuranceShort-term or gifting windowsLower cost for limited yearsCover ends when term finishes
Level term with reviewChanging liabilitiesBalance of cost and flexibilityMay need updating as assets change

We recommend checking sums annually or after major changes to property, ISAs or pensions. That helps ensure the policy still matches likely iht liability and your family’s needs.

Who pays the IHT on pension death benefits and how payment works

When a member dies, different people can end up meeting the inheritance tax liability. Knowing the typical paths helps families plan cashflow and avoid delays.

beneficiaries paying IHT

Personal representatives: pay first, recoup later

Personal representatives (executors) usually settle IHT from estate funds first. This keeps probate moving and prevents interest or penalties.

Key point: where the estate and the pension beneficiary differ, directors can recover the amount from the beneficiary’s share if rules or the Will allow.

Beneficiaries: pay directly or ask the scheme to settle

A beneficiary may choose to pay the IHT themselves. That avoids the estate being reduced and can speed distribution.

Alternatively, beneficiaries can ask the scheme to pay IHT to HMRC from the scheme benefits. This gives immediate certainty but reduces the cash paid out to the beneficiary.

The £4,000 trigger and required information

Under the draft approach, schemes must offer to pay where the IHT on scheme funds exceeds £4,000. They may also do so below that level.

To process payment, schemes need clear information: beneficiary shares, which amounts are exempt (for spouses or charities) and the likely rate of iht. Getting this ready cuts delays.

Who can payWhen usedPractical effect
Personal representativeEstate has sufficient liquid fundsKeeps probate smooth; can recoup from beneficiary where permitted
Beneficiary (self-pay)Beneficiary has funds availablePreserves estate value; faster final distribution
Pension scheme paysLiability > £4,000 or scheme agreesHMRC settled before payout; reduces immediate cash to beneficiary

What to ask the scheme

  • Can you confirm the likely iht due and the paperwork required?
  • Will you offer to settle tax where the liability exceeds £4,000?
  • How will you split exempt and taxable portions when multiple beneficiaries exist?
  • What timing should executors and beneficiaries expect?

What executors and beneficiaries should expect after a death from April 2027

Executors and beneficiaries will face new steps after April 2027 that change how scheme sums are valued and reported. We set out what to expect, month by month, and what to ask when you contact a provider.

Valuations at date of death and reporting timelines

Within four weeks of notification, schemes must give personal representatives the value of the death benefit at the date of death. This date‑of‑death value is the basis for iht purposes and can differ from the later claim or payment value.

That early figure helps executors decide whether the estate needs full reporting or a simple declaration. Expect follow-up figures as payments are processed.

How schemes split payments between exempt and non‑exempt recipients

Once beneficiaries are known, schemes will confirm amounts payable to exempt recipients (spouses, civil partners, charities) and to non‑exempt beneficiaries.

This split matters. If part is exempt, that portion can be released sooner. Non‑exempt sums may be held while IHT is calculated or settled.

How HMRC reporting may work and why administration could become more complex

HMRC plans guidance and a calculator to standardise reports. Still, multiple schemes or many beneficiaries will increase paperwork and delay final distributions.

Executors should gather clear records early: membership details, expression of wish forms and valuations. That reduces queries and repeated information requests.

Where both income tax and iht apply to the same death benefit

When a benefit is subject to both income tax and iht, income tax applies only after the IHT element is removed. If IHT is paid outside the scheme, a beneficiary may need to reclaim any overpaid income tax from HMRC.

Practical checklist for executors and beneficiary representatives

TaskWhy it mattersWhen to do it
Obtain date‑of‑death valuationBase figure for iht calculationWithin 4 weeks of notifying the scheme
Collect expression of wish and membership docsConfirms beneficiaries and any exemptionsAs soon as possible after death
Ask scheme how they will split paymentsDetermines timing of releasesBefore submitting claims
Check income tax positionMay affect net payout and refundsWhen tax calculations are finalised

If you need a clearer primer on how scheme values feed into an estate calculation, see our guide on inheritance tax on pensions — understanding the key. We can help you prepare the right questions to ask providers and HMRC.

Planning moves to consider in 2025/26 before the rules change

Now is the time to map likely estate totals so you can see where pressure points sit.

Project future totals across scenarios

Pull pensions, property, ISAs and other assets into one simple spreadsheet. Use best, mid and low cases for values.

Check how the residence nil‑rate band tapers once total estate value goes above £2,000,000. That can change what your heirs face.

Review nominations and expressions of wish

Update each scheme’s nomination. Old forms can send money the wrong way even if your Will says otherwise.

Quick win: confirm providers hold current contact details and copies of your wishes.

Coordinate wills, ISAs and the family home

Make sure wills, trust deeds and retirement arrangements tell a single story. That reduces delays and dispute risk.

Factor in Business and Agricultural Relief changes

From April 2026 the first £1m of qualifying business or agricultural value keeps full relief; amounts above move to 50% relief.

“We recommend acting now, in 2025/26, to bring everything into one clear picture and reduce avoidable complexity.”

Conclusion

Conclusion

Households with significant retirement savings should act now: the estate treatment of pensions is changing in 2027. Most unused pots may be counted in the estate for iht for deaths on or after 6 April 2027, so check what sits inside your totals.

Know what is in scope, review nominations and update your Will. Consider the main routes: spousal or charitable transfer, gifting, trusts and life insurance written in trust for liquidity. Each route has trade‑offs in cost, control and complexity.

Gather key figures (pension values, property and other assets), then seek regulated financial and legal advice before making changes. For the government’s summary of responses and detail on the proposals see the official consultation summary.

FAQ

What exactly is changing to pension inheritance rules from April 2027?

The government is proposing to bring many defined contribution pension pots into the IHT net from 6 April 2027. That means sums payable after death that were previously treated as outside the estate may be treated as part of the deceased’s estate for inheritance tax purposes. The exact scope and mechanics are in draft proposals, so details may shift before the rules are finalised.

How did defined contribution schemes become a multi-generational wrapper after the 2015 reforms?

Since 2015, flexible access to defined contribution savings allowed remaining pension funds to be left invested and passed to beneficiaries with favourable tax treatment. That created a way to pass wealth across generations inside a pension wrapper, with payments often receiving beneficial income tax or inheritance tax treatment until now.

Who is likely to be affected and why could more estates face an IHT bill?

Homeowners aged 45–75 with significant pension pots, investment properties or large estates are most at risk. If pension values are brought into the estate calculation, many families that were previously under the nil-rate bands could exceed the thresholds and face the 40% charge.

Which pension sums are expected to be in scope under the draft proposals?

Draft proposals target defined contribution lump sums and possibly certain drawdown balances. Provider-held funds that can be paid to nominated beneficiaries are the main focus. Final rules will set precise inclusions and timing.

What death benefit options are likely to be included in the draft proposals?

Lump sums and flexible drawdown funds payable on death are the primary items of concern. The proposals also consider pensions that effectively allow continued tax-advantaged growth before eventual payment to beneficiaries.

Which pension-related payments will remain excluded from IHT?

Payments to a surviving spouse or civil partner, and gifts to charities, are expected to remain outside the estate charge. Some employer death-in-service benefits and guaranteed pension annuities may also be excluded depending on scheme rules and statutory wording.

Are death-in-service and dependant pensions treated the same as personal scheme funds?

Not always. Many employer death-in-service payouts and dependant pensions are contractually different and may be excluded. It’s important to check scheme documentation and employer arrangements to confirm whether a particular benefit sits outside the estate.

How does the nil-rate band work and when does it apply?

Each individual currently has a nil-rate band (NRB) that shelters a set sum from IHT. If an estate’s taxable value is below the NRB, no IHT is due. If pension values are added to the estate, they may push the total above the NRB and trigger tax at the applicable rate.

What is the residence nil-rate band and when can it be used?

The residence nil-rate band (RNRB) provides an additional threshold when a qualifying home is passed to direct descendants. It has taper rules for larger estates and only applies when the family home forms part of the estate left to children or grandchildren.

Can unused thresholds be transferred between spouses or civil partners?

Yes. When one partner dies, any unused portion of their nil-rate band and residence nil-rate band can be transferred to the surviving partner, potentially increasing the eventual combined threshold on second death.

When does the 40% IHT rate apply?

The standard IHT rate of 40% applies to the part of an estate above the combined NRB and RNRB (if applicable). If pension values are included, they form part of that taxable total and can be taxed at 40% where thresholds are exceeded.

Why can pension values push estates over key thresholds?

Pensions have grown significantly in value for many people. If those values are added to property, savings and investments, the combined total can exceed the NRB and RNRB, creating an unexpected IHT liability for the estate and beneficiaries.

After 2027, should we keep pension funds invested or draw them down earlier?

There’s a trade-off. Keeping funds invested may preserve income potential but could increase estate value for IHT. Drawing down can crystallise tax charges and reduce the pot. The right choice depends on your cash needs, life expectancy and wider estate plan. We recommend modelling scenarios with a regulated adviser before acting.

How does spousal planning help protect pension-related value?

Transfers to a spouse or civil partner are generally exempt from IHT. Careful timing of transfers and coordinating wills and beneficiary nominations can preserve thresholds and defer tax to a later date when the surviving partner dies.

Can charitable giving reduce IHT exposure on pension sums?

Yes. Gifts to registered charities are exempt from IHT. Leaving part of your estate, or directing pension payouts to charity, can reduce the taxable estate and may also lead to a lower overall rate in some cases.

How do gifting strategies and the seven-year rule work?

Gifts you make more than seven years before death are generally outside the IHT charge. Gifts made within seven years may carry taper relief or remain fully chargeable. Regular, well-documented gifts and use of annual exemption allowances can be effective, but timing is key.

What are gifts from surplus income and how can they help?

Gifts made from surplus income — meaning regular, documented payments that don’t reduce your standard of living — can be immediately exempt from IHT. They need to be demonstrably regular and affordable to qualify.

How can trusts be used and what are the tax considerations?

Putting assets into a trust can remove them from your estate for IHT, but trusts have their own charges, setup complexity and reporting duties. Using trusts for pension-linked planning requires legal and tax advice to balance benefits against administration and potential periodic taxes.

When should we seek regulated financial advice versus legal advice?

Use regulated financial advisers for investment, pension and tax-efficiency modelling. Consult solicitors for wills, trusts and binding nominations. Many complex cases need both so the plan is coordinated across advisers.

How can life insurance help cover a potential IHT bill?

Life policies written in trust can pay a lump sum outside your estate to cover an IHT bill. That provides cash liquidity for executors and prevents forced asset sales. Policies must be reviewed periodically to match changing liabilities.

Why is speed and liquidity important when IHT becomes payable?

Executors often need funds quickly to settle IHT and estate costs. Insurance proceeds provide immediate cash, avoiding the need to sell property or investments under pressure, which could realise value at a poor time.

What are the downsides of life cover for IHT?

Cost is the main downside, especially for older applicants or those with health issues. Policies also need regular review as liabilities change. Fixed-term policies suit time-limited risks but offer no long-term cover once the term ends.

Who pays the IHT bill on pension-related sums and how does that work?

Personal representatives are responsible for paying IHT from the estate. They can recoup amounts from beneficiaries if benefits were payable directly. Some schemes offer to pay IHT on behalf of beneficiaries where specific triggers apply.

Can beneficiaries pay the IHT themselves or ask schemes to settle with HMRC?

Yes. Beneficiaries may pay the tax out of received funds, or request the pension scheme to handle IHT settlement before making payments. Rules vary by scheme, and there is often a small threshold below which schemes won’t act.

When must schemes offer to pay IHT and what is the £4,000 trigger?

Some proposals and market practice suggest schemes may be required to offer to settle tax where a payment exceeds a certain level (historically c.£4,000). Exact obligations will depend on final legislation and provider policies.

What should executors expect about valuations and reporting after a death from April 2027?

Executors will need accurate valuations of pension pots at date of death and to follow new reporting timelines set by schemes and HMRC. Administration is likely to become more detailed and may take longer as providers split benefits into exempt and non-exempt categories.

How will schemes split benefits between exempt and non-exempt beneficiaries?

Schemes will need to identify which beneficiaries qualify for exemption (for example, surviving spouses or charities) and which do not. That may require checking nominations, relationship status and beneficiary categories before making payments.

How might HMRC reporting change and why could administration become more complex?

HMRC may require more detailed returns showing pension values included in estates and how IHT was calculated. Providers and executors will face extra paperwork, potential delays and the need for clearer record-keeping.

Can the same death benefit be subject to both income tax and IHT?

Yes. In some cases beneficiaries could face income tax on payments and the estate may be liable for IHT. Careful planning and clear scheme rules are needed to avoid double unfairness and to allocate who bears which liability.

What planning steps should we take in 2025/26 ahead of the rule change?

Project your total estate including remaining pension funds, property and relief-qualifying assets. Review beneficiary nominations and expression-of-wish forms. Coordinate wills with pensions, ISAs and the family home, and consider timing of any significant gifts.

How should we project estate value including pensions and property?

Use realistic growth and liability estimates. Include current market value of property, pension fund valuations, and any business or agricultural assets that may qualify for relief. Model a few scenarios to see where thresholds may be breached.

Why is it important to review expression-of-wish and beneficiary nominations now?

Nominations can determine who receives pension proceeds and whether they qualify for exemption. Updating them ensures your intentions align with new rules and helps trustees and executors make correct decisions quickly.

How do we coordinate a Will with pensions, ISAs and the home?

Wills govern estate assets; pensions and ISAs can pass outside probate depending on nominations and provider rules. Make sure beneficiary nominations, a clear will and estate planning sit together to reduce disputes and unintended IHT outcomes.

How might changes to Business Property Relief and Agricultural Property Relief from April 2026 affect planning?

Proposed changes to reliefs may alter the value of business or farm assets for IHT. If you hold such assets, review their classification and timing of any transfers with advisers to protect reliefs where possible.

When should I speak to an adviser about these changes?

Speak to a regulated financial adviser and a solicitor as soon as possible, ideally in 2025 or early 2026. Early planning gives you time to model options, update documents and put cost-effective measures in place before the rules take effect.

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