What happens to a state pension when someone dies is one of the most common and important pension questions — and one that catches many surviving spouses off-guard. The State Pension doesn’t work like a bank account that simply passes to the next person. The rules are complicated, vary based on when each partner reached State Pension age, and involve two very different systems running in parallel.
The short version: under the old State Pension (for those who reached State Pension age before April 2016), surviving spouses can often inherit a meaningful amount. Under the new State Pension, the inherited amounts are more limited and in many cases nil. Understanding which system applies to you and your partner is the essential starting point.
This guide covers: the old system (SERPS and additional State Pension), the new system (protected payments), deferred pensions, how to report a death and claim, and what divorced or unmarried partners can or cannot inherit.
Read more: See our State Pension guide for a complete overview of this topic.
The Key Rule: When Did You Both Reach State Pension Age?
The inheritance rules depend entirely on whether you and your deceased partner fall under the old or new State Pension system. This is the single most important question — the answer changes everything about what you can inherit.
| Scenario | System | Inheritance possible? |
|---|---|---|
| Both reached SP age before 6 April 2016 | Old system | Yes: basic State Pension from their record (up to the full basic rate), 50% to 100% of SERPS (by date of birth), up to 50% of S2P, plus any extra from deferring |
| Your partner reached SP age before 6 April 2016, you reach it on or after that date | Mixed | Part of their Additional State Pension, if your marriage or civil partnership began before 6 April 2016, plus any extra from deferring |
| Your partner died before 6 April 2016 but would have reached SP age on or after it | Mixed | Part of their Additional State Pension, if your marriage or civil partnership began before 6 April 2016 |
| Your partner reached SP age and died on or after 6 April 2016 | New system | Limited: half of any protected payment, if your marriage or civil partnership began before 6 April 2016 |
Whichever system applies, you can’t inherit anything if you remarry or form a new civil partnership before you reach State Pension age.
The critical date is 6 April 2016 — when the new State Pension was introduced. Men born before 6 April 1951 and women born before 6 April 1953 fall under the old system. You can check your own State Pension age and system to confirm which rules apply. If your spouse was born before those dates and you’ve recently been widowed, the old system’s more generous inheritance rules are likely to apply to their pension.
Old State Pension Inheritance (Pre-April 2016)
Under the old system, the State Pension had two distinct components — a flat-rate basic pension and an earnings-related top-up. The ability to inherit part of a deceased spouse’s pension was deliberately built into the old system to protect widowed partners, particularly those who had taken time out of paid work to care for children or family.
The old State Pension had two parts. The basic State Pension was a flat weekly amount based on your NI record. On top of this, most employees built up an Additional State Pension — called SERPS (State Earnings-Related Pension Scheme) before 2002, and the State Second Pension (S2P) from 2002 to 2016. This earnings-related element was deliberately designed to be partly inheritable by surviving spouses.
| Component | What it was | Inheritable? |
|---|---|---|
| Basic State Pension | Flat rate based on NI record | Up to 100% if you don’t have a full record yourself |
| Additional State Pension (SERPS/S2P) | Earnings-related top-up | SERPS: 50% to 100% by spouse’s date of birth; S2P: up to 50% |
| Graduated Retirement Benefit | Pre-1975 earnings-related pension | 50% inheritable |
How Much Additional Pension Can You Inherit?
If your spouse or civil partner died on or after 6 October 2002, the maximum percentage of SERPS you can inherit depends on their date of birth (if they died before 6 October 2002, it’s up to 100%):
| Man’s date of birth | Woman’s date of birth | Maximum SERPS inheritance |
|---|---|---|
| 5 October 1937 or before | 5 October 1942 or before | 100% |
| 6 Oct 1937 to 5 Oct 1939 | 6 Oct 1942 to 5 Oct 1944 | 90% |
| 6 Oct 1939 to 5 Oct 1941 | 6 Oct 1944 to 5 Oct 1946 | 80% |
| 6 Oct 1941 to 5 Oct 1943 | 6 Oct 1946 to 5 Oct 1948 | 70% |
| 6 Oct 1943 to 5 Oct 1945 | 6 Oct 1948 to 5 July 1950 | 60% |
| 6 Oct 1945 onwards | 6 July 1950 onwards | 50% |
The SERPS inheritance percentages were reduced by the government in 2002 — originally they were all 100%. The reduction was phased in by date of birth to avoid catching people close to retirement completely off guard. For most people widowed today the maximum is 50%, because it applies to husbands born from 6 October 1945 and wives born from 6 July 1950. However, the inherited amount can still be several hundred pounds per year — a meaningful sum for pensioners on fixed incomes.
Example: Old System Inheritance
John dies in 2026. He was born in November 1945 and reached State Pension age in 2010. His pension consisted of:
- Basic State Pension: £184.90/week (the full rate, 2026/27)
- Additional State Pension (SERPS): £85/week
His wife Mary (also under the old system) could inherit:
- Basic SP: nothing extra if she has her own full record, or a top-up if hers is lower
- Additional SP: up to 50% of £85 = £42.50/week (£2,210/year)
This is genuinely valuable — an extra £2,210 per year for life. Over a 20-year retirement that’s more than £44,000 in total, before annual increases. It’s one of the reasons it’s so important to contact the Pension Service promptly after bereavement rather than assuming the pension just stops.
New State Pension Inheritance (Post-April 2016)
Under the new State Pension, the government deliberately moved away from the inherited pension model. The rationale was that the new flat-rate pension was meant to be large enough for individuals to live on independently, without needing to rely on a spouse’s record. The trade-off is that there is very little to inherit for most couples who both reached State Pension age after April 2016.
| Component | Inheritable? |
|---|---|
| New State Pension (standard amount up to £241.30/week, 2026/27) | No |
| Protected payment (amount above £241.30/week) | Half is inherited (if your marriage began before 6 April 2016) |
| Deferred state pension increase | No: extra State Pension from deferring can only be inherited if your partner reached State Pension age before 6 April 2016 |
What Is a Protected Payment?
When the new State Pension started in April 2016, some people had built up entitlement worth more than the new flat rate. This excess was preserved as a “protected payment.”
If your deceased spouse had a protected payment (i.e., their starting amount was above the full new State Pension rate), you inherit half of it, provided your marriage or civil partnership began before 6 April 2016 and they reached State Pension age and died on or after 6 April 2016.
Protected payments are typically modest — they arise only where someone had substantial Additional State Pension (SERPS or S2P) accrued before 2016. Many people who transitioned to the new State Pension had a starting amount below £241.30 and therefore have no protected payment at all. The Pension Service can confirm whether a protected payment exists on any individual’s record.
Example: New System
Anne’s deceased husband had a new State Pension of £260/week (2026/27 rates):
- Standard rate: £241.30/week (not inheritable)
- Protected payment: £18.70/week
- Anne may inherit: 50% × £18.70 = £9.35/week (£486/year)
Compared to the potential £2,000+ per year available under the old SERPS inheritance rules, this illustrates starkly how much less the new system offers surviving spouses. It is one of the most significant — and least discussed — ways in which the 2016 pension reform changed the retirement landscape for couples.
For couples who are not yet retired, this disparity underlines the importance of each partner building their own full State Pension record. Paying voluntary NI contributions to fill gaps — particularly for a partner who took career breaks — is usually more cost-effective than relying on inheritance rights that may be minimal or nil.
Deferred State Pension and Inheritance
Some people delay claiming their State Pension beyond the eligible age, which increases the payments they receive when they do eventually claim. If your partner deferred and then died before or after claiming, there may be additional amounts you can inherit or receive.
| Partner reached State Pension age before 6 April 2016 | Partner reached State Pension age on or after 6 April 2016 |
|---|---|
| You can usually inherit their extra State Pension, as a weekly increase or (in some cases) a taxable lump sum with interest at 2% above base rate | You can’t inherit extra State Pension from their deferral |
| Conditions: married or civil partners when they died, and you didn’t remarry before your own State Pension age |
If your partner reached State Pension age before 6 April 2016 and was deferring when they died, the Pension Service will tell you which options apply. For a full analysis of whether deferring is worthwhile, see our guide on whether to defer your State Pension. The Pension Service will calculate the options when you report the death.
How to Claim Inherited State Pension
Acting quickly after bereavement is important not just emotionally, but financially. Overpayments of State Pension after the death date will need to be repaid, and the Pension Service can prevent overpayments only once they’ve been notified. Separately, your own pension entitlement may increase from the date of death — and unlike some other benefits, the increase is not always backdated indefinitely if you delay claiming.
Step 1: Report the Death
Contact the Pension Service Bereavement line: 0800 731 0469 (Monday–Friday, 8am–6pm)
Or use the GOV.UK Tell Us Once service — this notifies multiple government departments including DWP.
Step 2: What You Need
| Document | Why |
|---|---|
| Deceased’s National Insurance number | To locate their pension record |
| Death certificate | Proof of death |
| Marriage/civil partnership certificate | Proof of relationship |
| Your own NI number | To update your pension |
| Deceased’s bank details | To close or redirect payments |
Step 3: Assessment
The Pension Service will:
- Stop the deceased’s pension payments
- Calculate any arrears owed
- Assess what you can inherit
- Adjust your pension payments accordingly
This process typically takes 4–8 weeks.
Once your pension is reassessed, it is also worth checking whether you are entitled to Pension Credit. Losing a partner often reduces household income significantly — and many widowed pensioners qualify for Pension Credit after bereavement, even if they did not as a couple. The State Pension forecast guide can also help you understand what your own pension entitlement looks like going forward.
Divorced Spouses
Inheriting Additional State Pension, a protected payment or extra State Pension from deferring is for widows, widowers and surviving civil partners: GOV.UK’s conditions require you to have been married to, or in a civil partnership with, the person when they died. If you divorced or dissolved your civil partnership before they died, you can’t inherit these from them. Divorce affects State Pension in other ways:
| Situation | What may apply |
|---|---|
| A court made a pension sharing order when you divorced | You get an extra payment on top of your State Pension: a share of your ex-partner’s Additional State Pension or protected payment |
| You were divorced or your civil partnership was dissolved in the last 12 months | Contact the Pension Service: it can affect an increase you get from their record |
| You reached State Pension age before 6 April 2016 | Ask the Pension Service whether your former spouse’s record affects your basic State Pension |
If you’re unsure what applies to you, contact the Pension Service for a formal assessment rather than assuming there’s nothing available.
Unmarried Partners
Cohabiting partners — regardless of how long the relationship lasted — cannot inherit state pension. This is one of the most significant financial differences between marriage/civil partnership and cohabitation, and it often comes as a profound shock to couples who have lived together for decades.
The State Pension system was built around formal legal relationships. Someone who cohabited for 30 years has identical rights to someone who lived with a partner for 3 months — which is to say, none at all.
If you’re an unmarried couple nearing retirement:
- Consider marriage or civil partnership for pension inheritance rights
- Ensure you have adequate life insurance and private pension nominations
- Review our financial checklist when someone dies and consider making a will to protect each other’s interests where State Pension cannot
Related Guides
- State Pension UK — Amounts, Eligibility and How It Works
- State Pension Amount 2026/27 — How Much Will You Get?
- New State Pension vs Old State Pension — Key Differences
- State Pension Age by Birth Year
- State Pension Forecast — How to Check Yours Online
- State Pension Deferral — Is It Worth It?
- NI Voluntary Contributions — Should I Buy Extra Years?
- Bereavement Benefits and Financial Help — Hub
- Bereavement Benefits Guide UK
- Bereavement Support Payment UK — Complete Guide
- Financial Checklist When Someone Dies
- Pension Credit UK — Complete Guide
- Life Insurance UK
- How to Write a Will Without a Solicitor
- Executor Duties UK