Of all the details around pension death benefits, the age-75 rule is probably the single most misunderstood — and it can make a genuinely large difference to how much tax a beneficiary ends up paying. This page focuses specifically on that one distinction: what changes at age 75, why the threshold exists at all, and how it interacts with the broader picture of pension death benefits, including the inheritance tax changes arriving from 2027. As with all our guides on this topic, this is factual, educational information rather than advice tailored to your situation — please treat it as a starting point for understanding, not a substitute for professional guidance where the numbers involved are significant.

The rule in a nutshell

For defined contribution (DC) pensions, the age at which someone dies — specifically, whether they had reached their 75th birthday — determines how any remaining pension pot is taxed when it passes to a beneficiary. Die before age 75, and benefits can typically be passed on completely free of income tax, whether the beneficiary chooses a lump sum or draws an income from the pot over time, subject to the relevant lump sum and death benefit allowance. Die at or after age 75, and beneficiaries generally pay income tax at their own marginal rate on whatever they withdraw from the inherited pension, whether they take it as one-off lump sums or as ongoing income. The pot itself isn't taxed at the point of death in either case — the tax question only arises as and when the beneficiary actually draws money out.

Before and after 75, side by side

Aspect
Death before age 75
Death at or after age 75
Income tax on lump sum withdrawals
Generally tax-free, up to the relevant allowance
Taxed as the beneficiary's income at their marginal rate
Income tax on drawdown income
Generally tax-free
Taxed as the beneficiary's income at their marginal rate
Is the pot itself taxed at death?
No — tax only arises on withdrawal
No — tax only arises on withdrawal
Relevant allowance
Lump sum and death benefit allowance may apply
Same allowance framework, but tax charged on withdrawal regardless
From April 2027
Also potentially within the estate for IHT
Also potentially within the estate for IHT

A worked example

Consider Margaret, who has built up a DC pension pot worth £200,000 that she's nominated to pass entirely to her adult daughter, Anna. In one scenario, Margaret dies at age 72, before reaching 75. Anna can access the £200,000 either as a lump sum or through nominee's drawdown, and in either case, she generally receives it free of income tax, subject to the lump sum and death benefit allowance rules that apply at the time. If Anna takes the money as drawdown and it continues growing, any further growth is a separate consideration, but the inherited capital itself isn't taxed as her income.

Now imagine instead that Margaret dies at age 79, after her 75th birthday. The same £200,000 pot passes to Anna, but this time, whatever Anna withdraws — whether she takes it all at once or spreads it across several years through drawdown — counts as her income for tax purposes and is taxed at her own marginal rate. If Anna is a higher-rate taxpayer, a lump sum withdrawal in one go could push a significant portion of it into higher-rate tax, whereas spreading withdrawals over several tax years, and keeping within lower tax bands each year, could reduce the overall tax paid. This is precisely why nominee's drawdown can be such a useful tool after age 75 — it gives the beneficiary some control over the timing and tax impact of withdrawals, rather than facing one large taxable lump sum.

The difference between these two scenarios — the same pot, the same nominated beneficiary, but a different age at death — illustrates just how significant this single threshold can be. It's one of the clearest reasons why understanding your own likely position, and discussing it with a financial adviser if a large pension pot is involved, can be valuable, even though nobody can predict or plan around their own age at death with any certainty.

Why does the age-75 threshold exist?

The age-75 rule has its roots in older pension legislation, from a time when pension savers were required to "crystallise" their benefits — broadly, to formally decide how they would start taking money from their pension — by a set age, which was itself set at 75 for many years. Age 75 was chosen historically as a reasonable point by which most people would have started drawing their pension in some form, aligning with life expectancy assumptions and the practicalities of annuity purchase rules that were far more central to pension policy in previous decades. Although the formal requirement to crystallise benefits by 75 has itself been reformed over time, the age has persisted as the dividing line for how death benefits are taxed, essentially carried forward from that earlier framework rather than being freshly designed for today's more flexible pension landscape.

It's a slightly unusual feature of the system in that it applies to the age of the person who died, not the age of the beneficiary receiving the money — a point that occasionally surprises people, since a much younger beneficiary can still find themselves paying income tax on an inherited pot simply because the person who left it to them happened to live past 75.

How defined benefit pensions differ

It's worth being clear that this particular age-75 income tax distinction is largely a DC pension concept, and defined benefit (DB) schemes are generally not affected by it in the same way. A DB scheme typically pays a fixed, taxable spouse's or dependant's pension according to its own rules, regardless of the exact age the member had reached when they died — there is no equivalent "before or after 75" income tax switch built into how a DB dependant's pension is taxed. Instead, DB dependant's pensions are simply treated as income in the ordinary way, taxed at the recipient's marginal rate from the outset, whatever age the member died at.

This contrast matters because it's easy to assume the age-75 rule is a universal pension principle, when in practice it is specifically a feature of how DC pension death benefits are taxed. If you or a family member has a mixture of DC and DB pensions, it's worth keeping this distinction in mind rather than applying the age-75 logic to every pension in the picture — the DB element will typically follow its own scheme rules independent of the age question entirely.

How this interacts with the 2027 inheritance tax changes

From April 2027, most unused pension funds and certain lump sum death benefits will also be brought within the deceased's estate for inheritance tax purposes — a separate change that will operate alongside, not instead of, the age-75 income tax rule described above. In practice, this means a beneficiary could, in some circumstances, face both an inheritance tax liability (assessed against the deceased's overall estate, using the current £325,000 nil-rate band and 40% rate above it) and an income tax liability on withdrawals if the person died at or after 75. These are two genuinely separate taxes, assessed in different ways and potentially payable by different people or from different sources, so it's important not to conflate them.

We've written a dedicated page specifically on pension death benefits and IHT from 2027, with a worked example of how the new estate inclusion rules might apply, and a deeper technical explanation at our main 2027 IHT changes guide. If you're dealing with a pension of meaningful size as part of an estate, understanding both the income tax and inheritance tax angles together — ideally with professional advice — will give a much clearer picture than looking at either one in isolation.

The lump sum and death benefit allowance

Even for deaths before age 75, tax-free treatment isn't entirely unlimited. There's an overarching lump sum and death benefit allowance that caps how much can be paid out completely free of tax across a person's pensions when they die, taking into account any tax-free lump sums they may already have taken during their own lifetime. For the large majority of people, whose combined pension savings sit well within this allowance, this is a background detail rather than a practical constraint — but for those with particularly large pensions, or who have already used a significant portion of their own tax-free lump sum entitlement while alive, it's a detail worth checking with the scheme or a financial adviser, since amounts above the allowance can be taxed even if death occurred before age 75.

This allowance sits at the more technical end of pension death benefit rules, and it's exactly the kind of detail where speaking to the pension provider directly, or a financial adviser, adds real value — they'll be able to confirm whether it's relevant at all in a particular case, which for most families it simply won't be.

Lump sum or drawdown — does the choice matter more before or after 75?

Beneficiaries are often given a choice between taking an inherited DC pension as a lump sum or keeping it invested through drawdown, and the age-75 rule changes how much that choice matters. Before age 75, because withdrawals are generally tax-free either way, the decision tends to hinge more on personal circumstances — do you need the money now, or would you rather keep it invested for potential growth and flexibility? After age 75, because withdrawals are taxed as income, the choice becomes considerably more tax-sensitive: taking a large lump sum in one tax year could push a beneficiary into a higher tax bracket for that year alone, whereas drawing smaller amounts over several years might keep them within a lower band throughout, reducing the overall tax paid on the same total sum. This is one of the clearest practical reasons the age-75 rule is worth understanding properly rather than treating as a minor technicality — it can genuinely change the best strategy for receiving the money.

Questions to ask the pension provider

Frequently asked questions

Does the age-75 rule apply to State Pension or DB dependant's pensions? No — as covered above, it's specifically a DC pension income tax rule; DB dependant's pensions and the State Pension follow their own separate rules regardless of the member's age at death. Can a beneficiary who is themselves over 75 still receive a tax-free inheritance if the pension holder died before 75? Yes — it's the age of the person who died that matters for this rule, not the age of the beneficiary receiving the money. Does this rule change if the beneficiary lives abroad? International tax situations add real complexity and sit outside the scope of this page; anyone in that position should seek specific cross-border tax advice.

What this means if you're currently dealing with a bereavement

If you're reading this because you're the beneficiary of a pension right now, the practical takeaway is simple: ask the pension provider directly what age the person who died had reached, and ask them to confirm how any payment to you will be taxed, if at all. Providers are used to this question and should be able to explain clearly whether your inheritance is likely to be tax-free or taxed as income, and what your options are for taking it — as a lump sum, through drawdown, or a combination of both. Don't feel you need to decide immediately how to take the money; most schemes allow you time to consider your options, and if the amount is significant, it's often worth speaking to a financial adviser before deciding between a lump sum and drawdown, particularly if the after-75 tax rules apply and the timing of withdrawals could affect how much tax you ultimately pay.

Above all, try not to let the technical detail of the age-75 rule add unnecessary stress to what is already a difficult time. Pension providers deal with these situations regularly and are generally well placed to explain, in plain terms, exactly how a specific payment will be taxed and what your options are — you don't need to become an expert in pension tax law yourself to make a sensible decision, and it's entirely reasonable to lean on the provider's guidance, a solicitor handling the estate, or an independent financial adviser to help you through it.

Tax rules around pension death benefits can be genuinely complex and are subject to change. This page is general information, not financial or tax advice. For free, independent guidance, see MoneyHelper (moneyhelper.org.uk), and consider speaking to a regulated financial adviser if a significant sum is involved.