Question to the HM Treasury:

To ask the Chancellor of the Exchequer, what steps her Department is taking to ensure that the inclusion of unused pension funds in estates for Inheritance Tax purposes will not increase the time taken to process legacies to charities and families.

Answered by Dan Tomlinson - Exchequer Secretary (HM Treasury)

Most unused pension funds and death benefits payable from a pension will form part of a person’s estate for inheritance tax purposes from 6 April 2027. This removes distortions from changes that have been made to pensions tax policy over the last decade, which have led to pensions being openly used and marketed as a tax planning vehicle to transfer wealth, rather than as a way to fund retirement.

The government has taken steps to ensure that these changes strike a fair balance between beneficiaries of a deceased person’s pension benefits and beneficiaries of their wider estate. At Budget 2025, the government announced changes to help ensure that benefits payable from the deceased’s wider estate are not delayed unnecessarily if inheritance tax is also due on pension benefits. Personal representatives will be able to fund any inheritance tax attributable to the pension by directing pension scheme administrators to withhold 50% of taxable benefits for up to 15 months from the date of death. Personal representatives can then continue to distribute assets from the wider estate as normal.

To ensure that the process of calculating, reporting and paying inheritance tax does not take longer than necessary, the government will introduce regulations setting out deadlines for the parties involved to exchange information.

Most UK pensions schemes are discretionary, which means that the pension scheme trustees or manager have the final say on how death benefits are paid. They must exercise this power reasonably and in accordance with the scheme’s rules.

Members can complete an "expression of wish" or nomination form to indicate their preferred beneficiaries for death benefits. While trustees typically follow these wishes, they are not legally bound to do so. This flexibility allows them to consider other evidence, such as family circumstances at the time of death or wishes expressed in a will.

Question to the HM Treasury:

To ask the Chancellor of the Exchequer, in relation to changes to bring pensions pots into estates for Inheritance Tax purposes, whether the letter of wishes provided by a pension beneficiary or a will are intended to take precedence in the event that they differ.

Answered by Dan Tomlinson - Exchequer Secretary (HM Treasury)

Most unused pension funds and death benefits payable from a pension will form part of a person’s estate for inheritance tax purposes from 6 April 2027. This removes distortions from changes that have been made to pensions tax policy over the last decade, which have led to pensions being openly used and marketed as a tax planning vehicle to transfer wealth, rather than as a way to fund retirement.

The government has taken steps to ensure that these changes strike a fair balance between beneficiaries of a deceased person’s pension benefits and beneficiaries of their wider estate. At Budget 2025, the government announced changes to help ensure that benefits payable from the deceased’s wider estate are not delayed unnecessarily if inheritance tax is also due on pension benefits. Personal representatives will be able to fund any inheritance tax attributable to the pension by directing pension scheme administrators to withhold 50% of taxable benefits for up to 15 months from the date of death. Personal representatives can then continue to distribute assets from the wider estate as normal.

To ensure that the process of calculating, reporting and paying inheritance tax does not take longer than necessary, the government will introduce regulations setting out deadlines for the parties involved to exchange information.

Most UK pensions schemes are discretionary, which means that the pension scheme trustees or manager have the final say on how death benefits are paid. They must exercise this power reasonably and in accordance with the scheme’s rules.

Members can complete an "expression of wish" or nomination form to indicate their preferred beneficiaries for death benefits. While trustees typically follow these wishes, they are not legally bound to do so. This flexibility allows them to consider other evidence, such as family circumstances at the time of death or wishes expressed in a will.

Question to the HM Treasury:

To ask the Chancellor of the Exchequer, what assessment her department has made of the potential benefits of allowing direct gifting of pensions funds to charity during a pension holder’s lifetime, in the content of the recommendations in the Final report of the Social Impact Investment Advisory Group.

Answered by Dan Tomlinson - Exchequer Secretary (HM Treasury)

This is a complex area of pensions tax policy, and any reform would require detailed assessment of its implications for the pension tax system, its administration, consumer protection, and long-term retirement outcomes. The Treasury regularly engages with departments, including HMRC, to ensure complete assessments are made.

While no decisions have been taken at this stage, we will continue to keep these recommendations under review. At present however, members can complete an "expression of wish" or nomination form to indicate their preferred beneficiaries for death benefits. While trustees typically follow these wishes, they are not legally bound to do so. This flexibility allows them to consider other evidence, such as family circumstances at the time of death or wishes expressed in a will.

Found: Campbell-Savours (Labour; Penrith and Solway) Charlotte Cane (Liberal Democrat; Ely and East Cambridgeshire) Sam Carling

Found: Q161 Sam Carling: Thank you very much, Chair—it is a great honour.

Submit Evidence (by 27 Feb 2026)

The Public Administration and Constitutional Affairs Committee scrutinises the work and performance of the Parliamentary and Health Service Ombudsman.