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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll