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From April 2027, a new rule allows pension providers to hold back up to half of an inherited pension for up to 15 months. This is not a mistake or an error by the pension company — it is a legal mechanism introduced alongside the new rule bringing unused pension funds into the inheritance tax net. If you are expecting to receive pension death benefits and the amount seems lower than you expected, here is what is happening and what you can do.
Before April 2027, pension death benefits were generally paid directly to nominated beneficiaries without any involvement from the estate or HMRC. From April 2027, unused pension funds count as part of the taxable estate for inheritance tax purposes.
This creates a practical problem: the pension provider cannot simply pay out the full pension death benefits without knowing whether IHT is owed on the pension — because if it overpays and IHT is later found to be due, recovering the money from beneficiaries would be very difficult.
The solution built into the legislation is a withholding mechanism: pension providers are permitted to hold back a portion of the death benefits while the executor and HMRC work out the IHT position.
The rules allow pension providers to withhold:
During this period, the executor must file the IHT return (IHT400) including the pension fund value, arrange payment of any IHT owed, and coordinate with the pension provider and HMRC.
Once HMRC confirms that the IHT has been settled (or that no IHT is owed on the pension), the pension provider must release the withheld funds. The 15 months is a maximum — if the IHT is resolved sooner, the funds should be released sooner.
| Stage | What happens | Who does it |
|---|---|---|
| Death notified to pension provider | Provider freezes up to 50% of death benefits pending IHT calculation | Executor |
| IHT return filed | Executor files IHT400 including pension fund value; HMRC calculates IHT owed | Executor / solicitor |
| IHT paid | IHT attributable to pension paid (from estate or pension funds) | Executor / pension provider |
| HMRC confirms settlement | HMRC issues clearance; pension provider releases withheld funds to beneficiaries | HMRC / pension provider |
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The withholding rule only applies where the estate is large enough for IHT to be owed on the pension funds. Smaller estates — those where the total value (including the pension) falls within the available nil-rate bands — should not be subject to withholding.
The nil-rate band is £325,000 per person (or up to £500,000 with the residence nil-rate band, and up to £1 million for a surviving spouse using both bands). If the total estate including the pension is below this threshold, no IHT is owed and the pension should be paid out in full in the normal way.
Defined benefit (final salary) pensions are largely unaffected — the changes mainly apply to defined contribution pensions (personal pensions, SIPPs, workplace pension schemes with remaining funds).
The key to minimising the time that pension death benefits are withheld is to act promptly:
For a broader guide to what executors need to do around pension IHT from April 2027, see our guide on pensions and inheritance tax 2027.
If the withholding of pension death benefits is causing genuine financial hardship, there are some options:
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