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The Teachers' Pension Scheme is the public sector pension for teachers in England and Wales. When a member dies — whether still teaching, deferred, or retired — the scheme pays a death grant and an ongoing dependant's pension where applicable. These benefits sit outside the estate and do not normally require probate.
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In the great majority of cases, no. The Teachers' Pension Scheme holds death benefits in a discretionary trust, meaning they fall outside the deceased's estate. The scheme can pay the death grant directly to the nominated beneficiary without a Grant of Probate.
If there is no nomination and no eligible dependants, Teachers' Pensions may pay the death grant to the estate. In that case, probate may be required before the funds can be released. If you are unsure whether probate is needed, check whether a nomination was in place.
A surviving spouse or civil partner is entitled to an adult dependant's pension — typically around half the member's pension. This is paid for life and is subject to income tax. Eligible children may also receive a children's pension, usually paid until age 23 if in full-time education.
From the 2015 Career Average scheme, cohabiting partners who were financially dependent on the member may also be eligible for a dependant's pension, subject to providing evidence of the relationship.
If you are unsure whether the deceased was a member of the Teachers' Pension Scheme, contact their last employer or use the Pension Tracing Service.
Teachers' Pensions members are encouraged to complete a nomination of beneficiary form (expression of wishes). This specifies who should receive the lump sum death grant.
Trustees consider this nomination carefully, but are not legally required to follow it — keeping the funds outside the estate for tax purposes. In practice, trustees almost always honour a valid, up-to-date nomination. Problems arise when the nomination has not been updated after life changes (e.g., divorce, remarriage, or the death of the named beneficiary).
The dependant's pension is paid under the scheme rules directly to an eligible spouse, civil partner, or dependent — it is not affected by the nomination form.
For detailed guidance, see GOV.UK's page on tax on pension death benefits.
Currently, Teachers' Pension death benefits sit outside the estate and are not subject to inheritance tax. The government has announced that from 6 April 2027, pension funds will come within the scope of IHT — but the Teachers' Pension Scheme is a defined benefit (DB) scheme, not a defined contribution (DC) pot.
The April 2027 changes primarily target unspent DC pension pots. The Teachers' Pension Scheme pays a death grant lump sum and an ongoing dependant's pension — it does not hold an accumulated pot in the way a SIPP or workplace DC scheme does. How the new rules will apply to DB death grants and dependant's pensions is still subject to HMRC guidance. For deaths before April 2027, the current favourable rules apply. Read our full guide to pensions and inheritance tax from April 2027 for the latest position, and review our inheritance tax guide for 2026/27.
If no nomination form is on file, Teachers' Pensions will use their discretion. They will typically pay the death grant to the surviving spouse or civil partner. If there is no surviving spouse and no eligible dependants, the death grant may be paid to the estate.
If the death grant is paid to the estate, it becomes part of the deceased's assets for probate and estate administration purposes. It may then be subject to inheritance tax if the estate exceeds the probate and IHT thresholds.
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