If you’ve paid into a pension for several decades, the chances are it’ll be the biggest savings pot you have, so it’s important to understand what will happen to this money when you’re no longer around.
As with so many pension questions, unfortunately there’s no simple answer to ‘What happens to my pension when I die?’ as it depends on the type of pension you have, whether you’ve already started taking money out of it, and the age at which you pass away. There are also no guarantees that current pension rules will remain the same, so it’s worth keeping a close eye on any changes that may be announced in the forthcoming Budget this October.
Here’s what you need to know.
If you’re considering seeking professional financial advice on the options available to you, we’ve partnered with nationwide independent advice firm Fidelius to offer Rest Less members a free initial consultation with a qualified financial advisor. There’s no obligation, however if the adviser feels you’d benefit from paid financial advice, they’ll talk you through how that works and the charges involved.
Fidelius are rated 4.7 out of 5 from over 1,500 reviews on VouchedFor, the review site for financial advisors.
Who does my pension go to when I die?
Your wife, husband, civil partner or another nominated beneficiary may receive your pension when you die, but as stated the rules surrounding this vary based on the kind of pension you have, and how old you are.
Like writing a will, it’s important to ensure that you have notified your pension provider of the person, or people (your nominated beneficiaries), you want to inherit your pension in the event of your death.
This can often be done quickly and easily if you access your pension account online, simply by clicking on and completing the relevant section. You can find out more in our article What is a pension expression of wishes?
If you don’t operate your pension online, you’ll need to telephone or write to your pension provider and let them know who you want your pension to go to when you die.
If you don’t nominate anyone, the trustees of your pension can award it to anyone who’s financially dependent on you, for example, your children or spouse – but this may not be straightforward and can lead to arguments if you haven’t named them as a beneficiary.Similar to updating your will, it’s a good idea to check your nominated beneficiaries every five years or so. This is especially important if you have gone through any significant life events such as a marriage or divorce, or have had children or grandchildren since you last updated it. In each instance, you must always notify your pension provider if you want to change or add a nominated beneficiary.
What happens to your pension when you die?
There are two main types of workplace pension, defined contribution and defined benefit pensions, and the type you have determines what happens to your pension savings when you die.
With a defined contribution pension, the amount you end up with at retirement depends on the contributions you and your employer have made, and how the investments in your pension have performed. If you have a private or self-invested personal pension (SIPP), this is effectively a defined contribution pension, however you won’t have benefited from employer contributions. Learn more about how defined contribution pensions work in our guide What is a defined contribution pension?
If you have a defined benefit pension, also known as a final salary pension, this provides a guaranteed income at retirement which is usually based on how many years you’ve belonged to the scheme and a proportion of your final year’s pay. Find out more about defined benefit pensions in our article What is a defined benefit pension?
Inheriting a defined contribution pension
If you have a defined contribution pension and you die before you reach the age of 75, you can usually pass your pension tax-free to a nominated beneficiary. If you have not started taking money from your pension this can be taken as a lump sum payment. If you were taking an income from your pension using flexible drawdown or flexi-access drawdown at the time, your dependents can receive a tax-free income from the remainder of your pension.
The Government had previously stated that this rule would change, but the former Chancellor Jeremy Hunt announced it would stay tax-free for the beneficiary where the pension scheme member dies before the age of 75. It remains to be seen whether the new Labour government will amend this rule in the October 30 Budget.
However, under current rules, if you die when you’re over the age of 75, your pension pot will still transfer tax-free, but your dependents will have to pay income tax at their marginal rate of income tax, on any income they receive from it, in the same way as you would have.
If you have used some or all of your pension savings to purchase an annuity or income for life from an insurance company – it is likely that this retirement income will stop when you die, although you can buy some specific annuities that continue to provide an income for a dependant. Find out more in our article Annuities Explained.
Inheriting a defined benefit pension
If you die while you’re paying into a defined benefit pension, your scheme will usually pay out a lump sum to your beneficiaries, which may typically be two or three times your salary. The scheme may also provide contributions made into the scheme as a lump sum.
Final salary pensions must by law offer benefits to a surviving widow or widower if you die after reaching the scheme’s pension age. The amount they’ll get will vary depending on the company you worked for, but is typically around 50% of what you would have received. It’s important to note that these benefits can get impacted, or be forfeited entirely, if your spouse chooses to remarry after your death.
Many final salary schemes go beyond the minimum and in some cases may even offer payouts to financially dependent children, too. This isn’t the norm however, and usually your defined benefit pension income will stop when your spouse dies, which means you may not be able to pass it on to children or grandchildren.
Some people therefore consider transferring their retirement savings to a defined contribution scheme, so they can pass their pension savings to their children (or whoever they’ve nominated as beneficiaries) tax-free if they die before 75. This is rarely a good decision however, as when you transfer your pension into a defined contribution plan, you give up a guaranteed income stream and take on all of the risks associated with funding your retirement – instead of leaving it for the company you worked for to worry about. Find out more about the risks of transferring a defined benefit pension in our article Should I transfer my final salary pension?
It’s also worth noting that under changes announced in the Budget, pensions will be brought into the scope of Inheritance Tax from April 2027, potentially leaving your loved ones facing a double tax whammy from both IHT and income tax if you die after the age of 75. Find out more in our guide Budget 2024 pension changes.
What happens to my pension if I’m single or divorced when I die?
You can still nominate whoever you want to receive your defined contribution pension when you die – it doesn’t have to be a spouse or child. You’ll need to make sure you complete an Expression of Wish/ Nomination form though, stating who you want it to go to. Make sure you update this if your circumstances have changed.
If you have a defined benefit or final salary pension, and you’re divorced or single and don’t have any children, or anyone else who is financially dependent on you, you won’t usually be able to pass your final salary pension on when you die.
Any death benefit from a final salary pension would be payable to a spouse whether nominated or not, in the form of an income rather than a lump sum. If no spouse is alive then the value goes back into the scheme. Some people choose to transfer their final salary pension savings to defined contribution pensions so that they can pass on their retirement savings when they die, but as mentioned above this comes with big risks so it’s essential to seek professional financial advice if you’re considering taking this route.
What is a widow’s pension?
The term widow’s pension is rarely used these days as it was phased out in 2001 and replaced by Bereavement Allowance and subsequently Bereavement Support Payments, but it essentially relates to the financial support from the state that your partner might receive when you die.
Your partner could be eligible for Bereavement Support Payments if you’ve paid National Insurance contributions for a minimum of 25 weeks within one tax year since 6 April 1975, or if you’ve passed away as the result of an accident or disease caused by work. It is available to those in England, Scotland, Wales, and Northern Ireland whose spouse or civil partner has died in the last 21 months. It can also be claimed by parents with dependent children who were not married to their partner, but cohabited with them.
Bereavement Support Payment consists of a large initial payment, followed by up to 18 monthly instalments. Find out how much these are in our guide Bereavement benefits explained.
Where to go for pension advice
If you’re 50 or over and have a defined contribution pension, you can get free guidance available on the options available to you from the Government’s Pension Wise service.
If you want personal recommendations or advice about your specific circumstances, you’ll need to seek professional financial advice. You can find a local financial advisor on VouchedFor or Unbiased, or for more information, check out our guides on How to find the right financial advisor for you or How to get advice on your pension.
If you’re considering seeking professional financial advice on the options available to you, we’ve partnered with nationwide independent advice firm Fidelius to offer Rest Less members a free initial consultation with a qualified financial advisor. There’s no obligation, however if the adviser feels you’d benefit from paid financial advice, they’ll talk you through how that works and the charges involved.
Fidelius are rated 4.7 out of 5 from over 1,500 reviews on VouchedFor, the review site for financial advisors.
What happens to my State Pension when I die?
What happens to your state pension when you die depends on when you reach State Pension age.
If you reached State Pension age BEFORE 6 April 2016
If your widow, widower or surviving civil partner hasn’t yet built up a basic state pension from their own National Insurance Contributions (NICs) record, they may be eligible for some state pension based on your contributions when you die.
For example, if you have a fuller National Insurance record than your surviving spouse or civil partner, this could enable them to obtain a bigger State Pension than they may have otherwise been entitled to, as they can apply to use your National Insurance record instead of their own. They may also be entitled to any extra state pension you delayed claiming when you reached State Pension age.
However, if you pass away and your spouse remarries before they reach State Pension age, they will forfeit the right to use your National Insurance record.
If my husband dies do I get his State Pension?
Unfortunately many widows have been underpaid their State Pensions, despite being.entitled to higher rates based on their husbands’ records. Tens of thousands have passed away without receiving a penny of the money they were owed. The DWP has promised to track down and pay the amount owed to those who have been affected by the end of 2024. Read more about this in our articles Is my State Pension being underpaid? and Underpaid State Pension scandal shows system not fit for purpose.
Your spouse or civil partner may also be able to inherit any additional state pension when you die, which could be the state second pension (S2P), formerly the state earnings-related pension scheme (SERPS) or the graduated state pension. Find out more about how these work in our guide State Second Pension and SERPS explained.
If you reach state pension age AFTER 6 April 2016
The new State Pension is based around the principle that individuals should build up pensions in their own right, and not receive this based on a spouse or civil partner’s record.
However, if you and your spouse or civil partner both reached state pension age after 6 April 2016, when you die, they will still be able to inherit half of any ‘protected payment’ that exists. Your ‘protected payment’ is the difference between your starting State Pension amount and the full new State Pension if you start with more than the full new state pension. It is paid in addition to their weekly state pension.
If you reached state pension age before 6 April 2016 under the old system before your death, your spouse will still be able to inherit state pension from you, even if they have reached pension age after 6 April 2016 under the new system. Learn more about how the state pension system works in our article How the State Pension works.
What happens to my State Pension if I die before I reach State Pension retirement age?
If you die before reaching State Pension retirement age your spouse might be able to inherit part of your Additional State Pension provided your marriage or civil partnership began before 6 April 2016. To be eligible for them to claim this, you must have reached State Pension age before 6 April 2016, or have died before April 6, 2016.
Your spouse won’t be able to inherit anything if they remarry or form a new civil partnership before they reach State Pension age.
What to do about the State Pension if someone has died
When a person dies, as part of getting their affairs in order, you will need to get in touch with several government services as soon as possible to let them know of the death, including the Department for Work and Pensions, who will register that the person has died and stop their State Pension payments.
Rather than contacting each government department separately, you can use the Tell Us Once service to notify a range of government departments of the death at the same time. To use it, you need a reference number from the registrar when you register the death, and various other details that are listed on the service.
The Tell Us Once service is offered by most local authorities in England, Wales and Scotland. If the service is not offered by your local authority you will need to notify these departments individually. In Northern Ireland, you’ll need to get in touch with the Bereavement Service to report the death of someone who was receiving social security benefits. Find out more in our guide What to do when someone dies.
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