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What Happens to Your Pension When You Die? UK Rules Explained

Published 10 March 2026 • 8 min read

What happens to your pension after you die depends on the type of pension, your age at death, and who you have nominated as a beneficiary. In many cases, pensions offer one of the most tax-efficient ways to pass on wealth — potentially completely tax-free. Here are the rules.

Key point: Pensions generally sit outside your estate for inheritance tax (IHT) purposes. This means your pension pot is not included in the £325,000 IHT threshold — making pensions a powerful estate planning tool.

Defined Contribution Pensions (Most Workplace and Personal Pensions)

The rules for defined contribution (DC) pensions are straightforward and depend primarily on your age at death:

Death Before Age 75

  • Your entire remaining pension pot can be passed to your nominated beneficiaries completely tax-free
  • Beneficiaries can take it as a lump sum, transfer it to their own drawdown, or buy an annuity
  • The claim must typically be made within two years of the pension provider being notified of the death

Death at Age 75 or Over

  • Beneficiaries can inherit the pension pot but will pay income tax at their marginal rate on any withdrawals
  • They can still take it as a lump sum, enter drawdown, or buy an annuity
  • Smart beneficiaries spread withdrawals over multiple tax years to minimise the tax bill
Important change ahead: From April 2027, the government has proposed that unused pension pots will be included in the estate for inheritance tax purposes. This is a significant change — take advice now if this affects your planning.

Defined Benefit (Final Salary) Pensions

Defined benefit pensions work differently. On your death:

  • Spouse’s pension: Most schemes pay a surviving spouse or civil partner 50% of your pension income for their lifetime
  • Children’s pension: Some schemes pay a pension to dependent children until they reach a certain age (usually 18 or 23 if in education)
  • Lump sum death benefit: If you die before retirement, many schemes pay a lump sum (often 2–4 times your salary)
  • Guarantee period: If you die within a guarantee period (typically 5–10 years of starting your pension), the remaining guaranteed payments go to your estate or beneficiaries

The exact benefits depend on your scheme rules — check your scheme booklet or ask the pension administrator.

The State Pension

The State Pension does not pass on in the same way as private pensions:

  • You cannot leave your State Pension to anyone in your will
  • A surviving spouse may inherit some additional State Pension or protected payments, depending on when you reached State Pension age
  • Under the new State Pension (post-April 2016), there is limited scope for inheritance — only a “protected payment” above the full rate may be inherited

Why Nomination Forms Matter

Unlike most assets, pensions do not automatically follow your will. Instead, the pension provider uses a nomination form (also called an expression of wish) to decide who receives your pension.

  • Complete a nomination form with each pension provider
  • You can nominate anyone — spouse, children, siblings, friends, or even a charity
  • Update your nominations after major life events (marriage, divorce, children, bereavement)
  • The provider has discretion but will usually follow your wishes
  • Without a nomination, the provider decides — and they may not choose the person you would have wanted

Pensions as an Estate Planning Tool

Because pensions normally sit outside your estate for IHT, they can be a powerful planning tool:

  • Spend other assets first: Drawing down ISAs, savings, and other investments before touching your pension preserves the IHT advantage
  • Pass down generations: Beneficiaries can keep inherited DC pension in drawdown and pass it on again when they die
  • Consider who inherits: Nominating someone in a lower tax bracket means less tax on withdrawals after age 75
Want to make sure your pension goes to the right people? An FCA-regulated adviser can help structure your pensions for maximum tax efficiency on death and ensure your nomination forms are up to date. Get matched for free →

Key Takeaways

  • DC pension pots are tax-free to beneficiaries if you die before 75
  • After 75, beneficiaries pay income tax on withdrawals at their marginal rate
  • DB pensions typically provide 50% spouse’s pension for life
  • Pensions generally sit outside your estate for IHT (though this may change from April 2027)
  • Always keep your pension nomination forms up to date — pensions do not follow your will

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