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Death benefits meaning

What does Death benefits mean?
Death benefits are payments or entitlements triggered by a member’s death under an occupational or personal pension scheme, or a death-in-service life policy. They commonly take the form of a lump sum death benefit, a survivors’/dependants’ pension (for a spouse, civil partner or children), or a refund of contributions or AVCs. The phrase is descriptive across pensions and life assurance; specific categories (for example, lump sum death benefit) are defined in UK and Irish tax legislation and guidance. Eligibility, form and amount are determined by the scheme’s trust deed and rules or contract terms, subject to overriding pensions and tax law. Recipients may include dependants, nominees named in an expression of wishes, beneficiaries selected by the trustees or managers, or the member’s personal representatives or estate. In trusts-based schemes, trustees/managers usually exercise discretion, which may have inheritance tax consequences; treatment depends on the rules and relevant jurisdiction. In practice, advisers assess member status at death (active, deferred, pensioner), current nominations, evidence of dependency, competing claims, time limits, any divorce/pension sharing orders, and insured death-in-service cover. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, with detailed definitions and tax limits set by HMRC and the Irish Revenue Commissioners.
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View the related Checklists about Death benefits

CHECKLISTS
Archived checklist for DC occupational pension trustees: implementing the 2015 pension freedoms—rule amendments, statutory override, member disclosures, transfers, death benefits and investment strategy

THIS CHECKLIST APPLIES TO TRUSTEES OF DEFINED CONTRIBUTION (DC) OCCUPATIONAL PENSION SCHEMES This Checklist has now been archived. It sets out the actions DC trustees were required to undertake both before and after 6 April 2015, concerning the pension flexibilities/pension freedoms that came into effect on 6 April 2015. For further detail on the scope and nature of those reforms, refer to Practice Note: Pension freedoms—an introduction [Archived]. Within this Checklist, 'DC trustees' refers to trustees (or managers) of pension arrangements providing flexible benefits, ie: money purchase arrangements cash balance arrangements other arrangements which typically require an individual to purchase an annuity Step 1—preliminary steps familiarise yourself with the pension flexibilities in detail...

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View the related News about Death benefits

NEWS
Pensions Ombudsman upholds administrator’s death benefit discretion: civil partner’s intestacy inheritance and invalid will (‘letter of wishes’) were relevant factors (Mr T, CAS-64304-R5R1)

Original news Mr T (CAS-64304-R5R1)—14 April 2025 Summary The Pensions Ombudsman dismissed a complaint concerning the distribution of death benefits from a pension scheme. It concluded the scheme administrator’s decision was reasonable, neither irrational nor perverse. The complainant was not named in a supposed will—which was invalid as it lacked witnesses—and was the sole beneficiary of the late member’s estate. Before deciding, the administrator carried out extensive enquiries. This outcome serves as a reminder that trustees and administrators of pension schemes should undertake appropriate enquiries when determining death benefit payments. What were the facts? Mr S was a member of the AJ Bell You Invest Self invested Personal Pension Plan (the Scheme). Following his death, he was survived by, among others, Mr T. Mr T had entered into a civil partnership with Mr S...

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NEWS
UK IHT on unused pensions from 2027: industry warns of scope, timing and probate delays; calls for exempting death-in-service benefits

Proposals to levy tax on unspent pension pots and death-related pay-outs from April 2027 are set to create a wide range of very significant and complex difficulties, the Society of Pension Professionals (SPP) has warned. The trade body said these may include sizeable and prolonged delays to paying benefits, bringing needless financial hardship for some beneficiaries. Chancellor Rachel Reeves unveiled the measures in October 2024 as part of her first Budget. It further noted that what falls within the scope of the plans remains very unclear at present and warned that the timetable is 'unrealistic and impractical'. Pension savings up to £1,073,100 have, until now, been outside inheritance tax. However, the new regime states that recipients of lump-sum pension assets worth over £325,000 from a deceased person’s estate will...

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NEWS
UK pensions round-up: Pension Schemes Bill amendments, Autumn Budget tax relief risks, IHT changes to pension death benefits, TPR fraud guidance, Zubarev v Singh; key dates—11 September 2025

In this issue: Pension Schemes Bill Autumn Budget Death benefits Pensions fraud Dates for your diary Trackers Pension Schemes Bill Public Bill Committee has begun voting on lodged amendments. The Public Bill Committee is presently reviewing changes to the Pension Schemes Bill that have been put forward by the government and others...

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View the related Practice Notes about Death benefits

PRACTICE NOTES
Post-death variations of Wills and intestacy: Q&A on formalities, parties, timing, trusts, minors, anti-avoidance, and IHT/CGT/SDLT under English and Welsh law

Variation of Will or intestacy after death—Q&As An instrument of variation can be used to alter how a deceased person’s estate is distributed under a Will or on intestacy. It is commonly executed by deed. To secure effectiveness—typically to obtain favourable inheritance tax (IHT) and capital gains tax (CGT) treatment under section 142 of the Inheritance Tax Act 1984 (IHTA 1984) and section 62(6) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)—certain formalities must be met. These include that the deed is in writing, contains the requisite statement applying the statutory provisions, is not made for any extraneous consideration, and is signed by all relevant parties, including the deceased’s personal representatives (PRs) where additional tax would otherwise arise. For guidance on deeds of variation, see Practice Note: Variation of Will or intestacy after death. See also Practice Note: Post-death rearrangements. Compliance with these requirements will usually deliver the intended IHT and CGT position. The formalities for execution of variation should be followed accordingly. Precedent deed of variation...

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PRACTICE NOTES
Pension drawdown (flexi-access and grandfathered capped) from 6 April 2015: scheme powers, tax allowances post-2024, death benefits, reporting, member issues and FCA rules

THIS PRACTICE NOTE APPLIES TO MONEY PURCHASE ARRANGEMENTS FROM 6 APRIL 2015 From 6 April 2015, new pension flexibilities expanded the retirement choices for DC members and others with ‘flexible benefits’ (in essence, money purchase and/or cash balance entitlements). As part of those reforms, drawdown became more broadly accessible. For background on the changes implemented on 6 April 2015, see Practice Note: Pension freedoms—an introduction [Archived]. This Practice Note concentrates on the legal framework for drawdown arrangements set up on and after 6 April 2015. It also addresses how pre-April 2015 drawdown is treated from that date. For the rules governing drawdown before 6 April 2015, see Practice Note: Drawdown between 6 April 2011 and 5 April 2015 [Archived]. What is drawdown? The label ‘drawdown pension’ (often called ‘flexible income’) replaced ‘unsecured pension’ and ‘alternatively secured pension’ used up to 5 April 2011. Drawdown pension describes the method of paying benefits that allows members to set their own yearly income from a pension arrangement...

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PRACTICE NOTES
Inheritance tax and pensions: UK rules on contributions, benefits and death benefits, with Finance Act 2026 reforms bringing unused funds into the estate from 6 April 2027

STOP PRESS On 11 May 2026, HMRC issued a new technical note, inheritance tax on pensions. It explains the inheritance tax (IHT) changes made by the Finance Act 2026 for deaths on or after 6 April 2027. The note outlines how notional pension property will be pinpointed, assessed and apportioned to beneficiaries, who must report and settle any IHT due, how withholding notices and the pensions direct payment scheme will work, and how the reforms dovetail with existing income tax rules on pension death benefits. The government is expected to bring forward supporting secondary legislation on information-sharing duties later this year. HMRC will provide guidance, supplementary materials and interactive tools for personal representatives by April 2027. This Practice Note is being revised to incorporate the technical note. For more detail, see LNB News 11/05/20026 40. This Practice Note explains how IHT rules apply to the build-up and payment of benefits from HMRC-registered occupational and personal pension schemes. Importantly, reforms are in train to draw unused pension funds and death...

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PRECEDENTS
Precedent letter to pension provider: estate administration request for drawdown status, unpaid sums, death and dependants’ benefits, and transfers within two years of death

FORTHCOMING CHANGE: The government has set out its proposals to apply inheritance tax to unspent pension pots on death, effective from 6 April 2027. For further details, please see News Analysis: HMRC confirms new IHT rules on unused pension funds to apply from 6 April 2027...

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PRECEDENTS
Buyer-side pensions warranties for business sale: buyer to provide future benefits only, no past service transfer; precedent addressing TUPE, disclosure, compliance, liabilities and disputes

This precedent has been produced on the basis that the drafter is acting for the buyer. The following warranties have been prepared for a transaction where: The Buyer will provide pension benefits through its own arrangement or via an appointed provider; and Employees’ past service benefits will not be transferred to the Buyer’s arrangement. You are strongly advised to involve a pensions specialist at the earliest opportunity. 1 Definitions For the purposes of paragraphs 2 to 7 inclusive: Employee means [ [specify as necessary, either by category or by named individuals ]; Pension Scheme [ s ] mean [ s ] [ [ name(s) of scheme(s) ] OR an arrangement or practice for the payment of, or contribution towards, an annuity, pension, lump sum, gratuity or similar benefit to be given on retirement, long-term ill-health or death, or pursuant to a pension sharing order, in relation to the service or historic service of an Employee or any other person, or...

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PRECEDENTS
Probate and Estate Administration in England and Wales: Client Guide to PR Duties, Intestacy, HMCTS Applications and IHT, including 2027 Pension Death Benefit Changes

This document offers general guidance on the probate process for non‑professional personal representatives and bereaved family members. Your probate practitioner can provide tailored advice specific to your circumstances. It is aimed at those administering estates without professional expertise and at families coping with a bereavement. It provides broad information, not case‑specific guidance. FORTHCOMING CHANGE relating to IHT on pension death benefits At the Autumn Budget 2024 on 30 October 2024, the government confirmed that, from 6 April 2027, unused pension pots and death benefits paid from a pension will be included in a person’s estate for IHT. The rule will cover both defined contribution and defined benefit arrangements, and apply to UK‑registered plans as well as qualifying non‑UK pension schemes. A technical consultation on how these reforms will operate runs from 30 October 2024 to 22 January 2025. For further details, see: Autumn Budget 2024—Private Client analysis — Inheritance tax. Coping with the death of someone close can bring significant emotional and practical hurdles. If you are...

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