New regulations set to affect how pension funds are treated for inheritance tax (IHT) purposes are prompting some individuals, particularly those over 75, to make significant withdrawals from their retirement savings. These changes, announced in October 2024 and scheduled to take effect from April 6, 2027, will include certain unused direct contribution pension funds and death benefits as part of an individual’s estate for IHT calculations. This means that upon death, these pension assets could be subject to the standard inheritance tax rates, potentially reducing the amount passed on to beneficiaries. Furthermore, if the policyholder dies after age 75, beneficiaries might also face income tax on withdrawals from the pension pot.
Understanding the Inheritance Tax Changes
The core of the upcoming changes involves the inclusion of previously exempt pension assets in the calculation of an individual’s taxable estate. For individuals who pass away on or after April 6, 2027, their pension funds, if not fully depleted or designated for specific tax-efficient transfers, could be liable for inheritance tax. This measure aims to broaden the tax base for IHT, as pension pots can often represent substantial wealth. In some scenarios, the combined effect of IHT on the pension and potential income tax for beneficiaries could mean a significant portion of the remaining fund, possibly up to two-thirds, being paid to HM Revenue and Customs (HMRC).
Pensioner Response: Early Withdrawals Surge
In anticipation of these new rules, a notable increase in lump-sum pension withdrawals among individuals aged 75 and over has been observed. Official figures indicate a substantial rise in such transactions over the past year. Specifically, 83,800 people in this age bracket made lump-sum withdrawals, marking a 27% increase from the previous year’s figure of 65,900. Financial experts suggest this surge is a direct response to the impending IHT changes, with individuals seeking to utilize their funds before they become subject to the new tax regime.
Andrew Tricker, a chartered financial planner, commented on this trend, noting that the prospect of pension funds being liable for IHT is driving many over-75s to explore options for transferring assets tax-efficiently. He anticipates that as the deadline approaches and the first pension pots are impacted by IHT, there may be even more concerted efforts to pass on wealth without incurring significant tax liabilities.
Strategies for Wealth Transfer and Tax Mitigation
While withdrawing funds from a pension and gifting them to family members can be a viable strategy, it requires careful and strategic planning. Generally, gifts made are considered outside of an individual’s estate for IHT purposes if they survive for at least seven years after the transfer. However, if death occurs within this seven-year period, the gift may still be subject to IHT, though the tax liability can be reduced on a sliding scale based on the time elapsed.
Individuals can typically access up to 25% of their pension pot as a tax-free lump sum, provided they do not exceed the available lump sum allowance, which is currently £268,275. This tax-free portion could be used for various purposes, such as assisting children or grandchildren with significant expenses like a house deposit. However, financial advisors caution against hasty decisions. Tricker advises that money withdrawn from a pension cannot easily be replaced, and individuals must be mindful of their own future financial security in retirement, ensuring they do not deplete their funds to a point where they face shortfalls.
Utilizing Annual Gifting Exemptions
Beyond pension withdrawals, individuals can also leverage HMRC’s annual gifting allowances. Each tax year, individuals can gift up to £3,000 without it being added to their estate for IHT purposes. Any unused portion of this allowance can be carried forward for one subsequent tax year. For couples, this means a combined annual exemption of up to £6,000, or £12,000 if they utilize the previous year’s unused allowance. Additionally, smaller gifts of up to £250 per person can be made to any number of individuals, provided they have not benefited from the £3,000 annual allowance.
Another avenue for tax-efficient gifting involves making regular gifts from income. These gifts are permissible as long as they are made from an individual’s normal income and do not compromise their ability to maintain their standard of living throughout retirement. This requires careful record-keeping to demonstrate that the gifts were indeed made from surplus income.
Shifting Attitudes Towards Inheritance
Research indicates a growing sentiment among the public favouring intergenerational wealth transfer during an individual’s lifetime rather than solely through a will. A study by The Private Office found that approximately eight in 10 individuals over 45 believe parents or grandparents should provide financial support to younger relatives while they are alive. This reflects a desire to see loved ones benefit from wealth sooner rather than later.
Daniel Blandford, a partner at The Private Office, noted that while many are willing to assist younger family members, concerns about their own financial security in later life can be a significant deterrent. He emphasizes the importance of thorough financial assessment before making any gifts, ensuring individuals can afford to part with the funds without jeopardizing their own retirement. Maintaining clear records of all gifts—including the amount, recipient, and date—is crucial for tax purposes. Furthermore, understanding the potential tax implications, including how gifts might be treated under IHT rules, is essential.
Blandford also issued a crucial reminder: simply moving money from a pension does not automatically render it tax-free. Any withdrawal exceeding the available tax-free lump sum allowance is subject to income tax. He concluded that with appropriate financial advice and meticulous planning, families can effectively transfer wealth to support the next generation while safeguarding their own retirement security.
Conclusion: Proactive Planning is Key
The upcoming changes to inheritance tax rules concerning pension funds necessitate a proactive approach for individuals planning their estates and wealth transfer. While the new regulations aim to increase IHT revenue, they also present opportunities for individuals to adapt their financial strategies. By understanding the implications of the changes and exploring available gifting allowances and withdrawal options, individuals can make informed decisions. Consulting with financial advisors is highly recommended to navigate these complexities, ensuring that wealth can be passed on effectively while maintaining personal financial stability throughout retirement.


