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Budget 2026: pensions and Inheritance Tax for executors

Written by Settle Editorial Team · Updated 29 October 2026 · 6 min read

Checked against the Budget 2026 Overview of Tax Legislation and Rates (28 October 2026), its Annex A, and GOV.UK on 29 October 2026. England and Wales.

Key takeaways
  • Law already: for deaths on or after 6 April 2027, most unused pension funds and pension death benefits count towards the estate for Inheritance Tax. This was legislated for in Finance Act 2026.1
  • Announced, not yet law: from 6 April 2027 a prospective personal representative will be able to direct the pension scheme to pay the Inheritance Tax due to HMRC, when certain conditions are met.1
  • Announced, not yet law: the pension "two-year rule" is to be removed for payments made on or after 28 October 2026.1
  • Unchanged: the nil-rate band stays £325,000 and the residence nil-rate band £175,000 for 2026-27 and 2027-28; the rate is still 40%.2

Quick answer

From 6 April 2027, most unused pensions are added to the estate when working out Inheritance Tax: Finance Act 2026 made this law.1 Budget 2026 (28 October 2026) did not change that date or the £325,000 and £175,000 allowances,2 but announced two changes that still need legislation: personal representatives will be able to ask the pension scheme to pay the tax, and the two-year rule on death benefits is to go.1 For a single person leaving a £400,000 estate and a £200,000 pension, the bill rises from £0 to £40,000 (worked example below).

What Budget 2026 changed for executors

ChangeFromStatus
Most unused pension funds and death benefits count towards the estate for IHTDeaths on or after 6 April 2027Law: Finance Act 20261
A prospective personal representative can direct the pension scheme to pay the IHT due to HMRC, when certain conditions are met6 April 2027Announced; needs Finance Bill 2026-271
Executors can choose how notional pension property is treated when working out the 36% charity rate6 April 2027Announced; needs Finance Bill 2026-271
Two-year rule removed for pension and lump sum death benefitsPayments on or after 28 October 2026Announced; needs Finance Bill 2026-271
Nil-rate band £325,000; residence nil-rate band £175,000; rate 40%2026-27 and 2027-28Unchanged2
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Worked example: a pension in the estate from 6 April 2027

A single person who never married dies leaving a home worth £300,000 to their children and £100,000 of savings: an estate of £400,000 before any pension. Their allowances are the £325,000 nil-rate band plus the £175,000 residence nil-rate band, because the home goes to their children: £500,000 in all.23 Tax is 40% of the value above that.2

Inheritance Tax on the same estate, by unused pension and date of death
Unused pensionDeath before 6 Apr 2027Death on or after 6 Apr 2027Extra tax
£0£0£0£0
£100,000£0£0£0
£200,000£0£40,000£40,000
£300,000£0£80,000£80,000

Worked out with Settle's estate calculator. It assumes no gifts in the last seven years, no transferred allowance from a late spouse, the whole pension counted, and an estate below £2 million (above that the residence nil-rate band starts to taper).2 Anything left to a spouse or civil partner is normally free of Inheritance Tax,3 so the picture is different for a married person. HMRC's detailed rules decide exactly which pension benefits count and how the tax is shared between the scheme and the rest of the estate.

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What executors should do now

  • Death before 6 April 2027: unused pensions are dealt with under the current rules. Ask each scheme for its death benefit forms and whether any payment is due.
  • Death on or after 6 April 2027: list every pension the person had, ask each scheme for the value of unused funds and death benefits, and include them when you value the estate for Inheritance Tax.13 See pension death benefits and Inheritance Tax for executors.
  • Paying the tax: the power to ask the scheme to pay is announced but not yet law. Check GOV.UK for the final rules before relying on it.1
  • Late death benefit payments: the removal of the two-year rule applies to payments from 28 October 2026 once Finance Bill 2026-27 is passed. Until then, ask the scheme how it is treating late payments.1

Frequently asked questions

Do pensions count towards Inheritance Tax from April 2027?

Yes, for deaths on or after 6 April 2027. Most unused pension funds and pension death benefits will be brought within the value of a person's estate for Inheritance Tax. This was legislated for in Finance Act 2026.1

Who pays the Inheritance Tax on a pension?

Budget 2026 announced legislation in Finance Bill 2026-27 to allow a prospective personal representative to direct pension scheme administrators to pay the Inheritance Tax due to HMRC when certain conditions are met, from 6 April 2027. This is announced but not yet law.1

What is the pension two-year rule and has it gone?

Tax-free pension and lump sum death benefits can become taxable if paid more than two years after the scheme knew, or could reasonably have known, of the death. Budget 2026 announced legislation to remove that rule for payments made on or after 28 October 2026. It needs Finance Bill 2026-27 to become law.1

Sources & references

The figures and rules in this guide are drawn from the official pages below: GOV.UK and legislation, and where named, the organisation's own published guidance. Each link opens the page itself. Always confirm current figures before you act, as fees and thresholds can change.

  1. Budget 2026: Overview of tax legislation and rates (OOTLAR), 28 October 2026
  2. Budget 2026: Overview of tax legislation and rates, Annex A: rates and allowances (Inheritance Tax), 28 October 2026
  3. How Inheritance Tax works: thresholds, rules and allowances — GOV.UK
Verified against the published sources listed above.

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