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Pensions & Inheritance Tax

Do You Pay Inheritance Tax on a Pension?

For most deaths before 6 April 2027, a pension passes outside your estate with no inheritance tax. Income tax can still apply, and the rules change from 2027.

6 min read · Written by the Fairchild Oldfield team · Last reviewed: August 2026

Age 75
The line that usually decides whether a beneficiary pays income tax on an inherited defined contribution pension. Death before 75 often means tax-free withdrawals. Death at 75 or over means income tax at the beneficiary's own rate.
Source: MoneyHelper and gov.uk, as at August 2026, subject to change.

You usually do not pay inheritance tax on a pension for deaths before 6 April 2027, because most pensions sit outside your estate. Income tax can still apply to the beneficiary if you die at 75 or over. From 6 April 2027, most unused pensions move inside the estate and can be taxed at 40%. This is general information for England and Wales, not advice.

Do you pay inheritance tax on a pension right now?

In most cases, no. For deaths before 6 April 2027, a defined contribution pension normally passes outside your estate, so it is not counted for the 40% inheritance tax charge. What the beneficiary pays instead depends on your age at death, through income tax rather than inheritance tax.

A pension is normally held under trust or scheme discretion, which is why it has sat outside the taxable estate. That keeps it separate from assets like your home or savings, which do count towards your nil-rate band of £325,000 and residence nil-rate band of up to £175,000 (how inheritance tax works; gov.uk, as at August 2026, subject to change).

This is the point most guides blur: the answer for a death today is different from the answer for a death from 2027. The rest of this page keeps the two apart.

What changes for pensions on 6 April 2027?

From 6 April 2027, most unused pension funds and lump sum death benefits are added to your estate and can be charged 40% inheritance tax above your available thresholds. Pensions left to a spouse or civil partner stay exempt. Your executors, not the pension scheme, report and pay the tax.

The table below sets the current position against the position from 6 April 2027, so you can see which one applies to your situation.

QuestionDeath before 6 April 2027Death from 6 April 2027
Is the unused pot inside your estate?Usually noUsually yes
Can 40% inheritance tax apply?Not on the pension itselfYes, above your thresholds
Pension left to a spouse or civil partnerExemptExempt
Income tax for the beneficiary (age 75+)Yes, at their own rateYes, at their own rate
Who reports and pays any inheritance taxNot applicable to the pensionYour executors

Source: gov.uk, Inheritance Tax on pensions technical note, as at August 2026, subject to change.

The nil-rate band (£325,000) and residence nil-rate band (up to £175,000) are frozen until 5 April 2031, a freeze extended at the Budget on 26 November 2025. Where a death from 2027 triggers both a 40% inheritance tax charge and income tax on the same pot, the combined effect can be heavy. We work that through in pensions and inheritance tax from 2027.

Do you pay income tax on an inherited pension?

Often, yes, and this is separate from inheritance tax. For a defined contribution pension, the age at death decides it. If you die before 75, your beneficiary can usually draw the pot free of income tax. If you die at 75 or over, they pay income tax at their own marginal rate on what they withdraw.
Age at deathIncome tax for the beneficiary on withdrawals
Under 75Usually none, if paid out within scheme time limits
75 or overIncome tax at the beneficiary's own rate (20%, 40% or 45%)

Source: gov.uk, Tax on a private pension you inherit, as at August 2026, subject to change.

This income tax rule applies now and continues after 2027. From 6 April 2027 it can sit on top of the new inheritance tax charge, so a beneficiary could face 40% inheritance tax and then income tax on the balance. Annuities and defined benefit (final salary) pensions follow their own scheme rules, so it is worth checking each pension separately.

Does your spouse pay inheritance tax on your pension?

No. A pension passing to a surviving spouse or civil partner is covered by the spousal exemption, both now and from 6 April 2027, so there is normally no inheritance tax at the first death. Tax may arise later, on the survivor's own estate, depending on the thresholds available then.

The spouse can usually keep the pot in a pension of their own and draw on it. If your spouse is 75 or over when they later die, income tax may apply to the next beneficiary in the same way. You name who inherits through the scheme's expression of wishes or nomination form, so keeping that current matters as much as your will.

What should you check now?

Review who your pension is nominated to, confirm your expression of wishes is current, and note your age and pension type, because those decide the tax. If your estate could pay inheritance tax from 2027, it is worth planning early rather than close to the deadline.
  1. Find every pension. List each pot, its provider and rough value, so nothing is missed when the time comes to value your estate.
  2. Check your nomination. Confirm the expression of wishes on each scheme names the people you intend, as this drives who inherits and how the pension is taxed.
  3. Note the spouse route. A pension left to a spouse or civil partner stays exempt, so consider how your pensions and will work together across both deaths.
  4. Weigh gifting other assets. The annual £3,000 exemption, £250 small gifts and the seven-year rule with taper on the tax can reduce a taxable estate over time (how much you can gift tax free).
  5. Take joined-up advice before large moves. Emptying a pension early can create an income tax bill now, so a financial adviser and your estate planner are best consulted together.

Many people weigh these choices as part of their wider estate planning. For a discreet look at your position, you can book a consultation or see our fixed pricing.

Frequently asked questions

Common questions cover whether a pension is taxed now, the age-75 income tax rule, what happens to children who inherit, and how the 2027 change affects the answer. The replies below reflect gov.uk guidance, current as at August 2026 and subject to change.

Is a pension counted as part of your estate for inheritance tax?

For deaths before 6 April 2027, usually no. Most defined contribution pensions pass outside the estate, so they are not counted for the 40% inheritance tax charge. From 6 April 2027, most unused pension funds and lump sum death benefits are added to the estate and can be taxed above your available nil-rate bands (gov.uk, as at August 2026, subject to change).

Do you pay tax on an inherited pension before 75?

Usually not income tax. If the pension holder dies before 75, a beneficiary can normally draw a defined contribution pot free of income tax, as long as it is paid out within the scheme's time limits. For deaths before 6 April 2027 there is also generally no inheritance tax on the pension itself.

What tax applies if you die at 75 or over?

The beneficiary pays income tax at their own marginal rate (20%, 40% or 45%) on withdrawals from an inherited defined contribution pension. This applies whether the death is before or after April 2027. From 6 April 2027, a 40% inheritance tax charge can also apply to the pot, on top of that income tax.

Can children inherit a pension, and is it taxed?

Yes, you can nominate children or others through the scheme's expression of wishes. They can usually take a lump sum or keep the pot in beneficiary drawdown. Income tax follows the age-75 rule, and from 6 April 2027 inheritance tax may also apply where the pension does not pass to a spouse or civil partner.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax awareness and client care, working discreetly with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It describes the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at August 2026 and are subject to change. The 2027 pension rules are set out in draft and may be amended before they take effect. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider their individual circumstances.

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