header-logo header-logo

04 February 2026
Issue: 8148 / Categories: Legal News , Wills & Probate , Pensions , Inheritance tax
printer mail-detail

Bereaved face extra costs under draft Bill

Peers have warned impending legislation could put executors at financial risk when their loved ones die

The Finance Bill 2025-26 will bring most unused pension funds and death benefits within the scope of a person’s estate for inheritance tax purposes in 2027. Personal representatives (PRs)—executors and administrators—will be liable for reporting and paying any inheritance tax due on these funds and benefits.

The reform aims to tackle the use of pension schemes for tax avoidance purposes. In its report on the Bill last week, however, the House of Lords Finance Bill sub-committee recommended the payment deadline be extended from six to twelve months, and the government introduce safe-harbour periods for late interest payments where PRs are not at fault for missing deadlines. The sub-committee also urges the government to raise awareness of the reforms, produce practical guidance and support for those affected, and monitor the long-term impact, in its report, ‘Inheritance tax measures: unused pension funds and agricultural and business property reliefs’.

Lord Liddle, chair of the sub-committee, said: ‘The practical issues created by bringing pensions into inheritance tax risk causing significant delays and costs. Moreover, many of those affected may be entirely unaware of how these changes will impact them.’

The peers’ concerns echo those raised by the Law Society last year when the Bill was published. It warned PRs would be responsible for assets such as pensions or death benefits, yet have no control over those assets, and could be liable for inheritance tax on assets that had already been spent or were difficult to recover. Moreover, family and friends may no longer want to act as PRs.

Law Society vice president Brett Dixon said this week: ‘We are pleased that the House of Lord’s Finance Bill Subcommittee has listened to evidence from stakeholders, including the Law Society.’

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll