State Pension after a spouse dies - what can be inherited?

There is no State Pension pot

State Pension is not like a defined contribution pension. There is no invested pot to name in an expression of wishes or pass to beneficiaries.

When a spouse or civil partner dies, the real question is whether the survivor can inherit or increase a State Pension entitlement under the rules that apply to the couple's dates and records.

The answer depends heavily on whether the survivor and the deceased partner were under the new State Pension system or the old basic State Pension system.

New State Pension: possible extra payment

If you are widowed, you might be able to inherit an extra payment on top of your own new State Pension.

But you will not inherit anything if you remarry or form a new civil partnership before you reach State Pension age.

Under the new State Pension, inheritance mainly concerns:

• Additional State Pension built up before 2016;
• protected payments under the 2016 transition;
• extra State Pension or a lump sum where the deceased had deferred.

Additional State Pension

You might inherit part of a deceased partner's Additional State Pension if your marriage or civil partnership began before 6 April 2016 and one of the following applies:

• your partner reached State Pension age before 6 April 2016;
• they died before 6 April 2016 but would have reached State Pension age on or after that date.

Any inherited amount is paid together with your own State Pension.

Protected payments

You will inherit half of your partner's protected payment if your marriage or civil partnership began before 6 April 2016 and:

• they reached State Pension age on or after 6 April 2016;
• they died on or after 6 April 2016.

A protected payment can exist where someone would have received more State Pension under the old rules than the full new State Pension at the 2016 transition.

Deferred State Pension

If your spouse or civil partner died while deferring their State Pension, or after claiming it following a deferral, you may inherit part or all of the extra State Pension or lump sum, provided the other conditions apply.

For basic State Pension cases, where the partner deferred for less than 12 months, you can only get extra State Pension rather than a lump sum.

Old basic State Pension cases

The old basic State Pension applies to men born before 6 April 1951 and women born before 6 April 1953.

Under the old system, a survivor who reached State Pension age before 6 April 2016 may be able to inherit some of a spouse or civil partner's State Pension when they die. They may also be able to increase their own basic State Pension using the deceased partner's qualifying years, if they do not already receive the full amount.

The practical instruction is simple: contact the Pension Service to check what you can claim.

What to do after a death

The order of checks is:

1. Report the death through the official Tell Us Once service if it is available.
2. Check whether the survivor is already over State Pension age.
3. Identify whether each person was under the new or old State Pension system.
4. Check whether there was Additional State Pension, a protected payment, deferral, or old-system entitlement.
5. Contact the Pension Service if the survivor may qualify or the forecast does not make sense.

Do not assume a surviving spouse automatically receives the deceased person's full State Pension. Inheritance is limited and rule-specific.

This is factual information, not benefits advice. State Pension inheritance depends on dates, records and marital/civil-partnership status, so verify the position with the Pension Service.