A pension beneficiary can be contested after death, but usually only by challenging how the decision was made, not by changing who the member named.
Most death benefits are paid at the scheme's discretion, so the real question is whether the decision-makers went about it properly, not who the member named. This guide covers the route a challenge takes; for what a scheme can pay out in the first place, see our pension death benefits guide. Disagreeing with trustees is stressful; an FCA-authorised adviser can hear about your family's situation in a free phone call, which this page's form books. Legal action is a job for a solicitor.
Why a death benefit decision is hard to overturn
The Pensions Ombudsman (TPO) says that for lump sum death benefits "in most cases, this is a discretionary decision, and the trustees of the scheme need to decide who to pay the lump sum to." The scheme rules set out which categories of person can be paid, and trustees "can only pay the benefit to someone, or more than one person, who falls within one of those categories."
That is why a nomination or expression of wish does not settle the matter. TPO says trustees are not generally required to follow the wishes of the person who has died, even where a letter of wishes or nomination form exists. HMRC's technical note on pensions and inheritance tax describes the same set-up: "Most registered pension schemes operate on a discretionary basis, under which scheme trustees determine who should receive death benefits (and how much) after considering potential beneficiaries and any expression of wishes made by the member." Our guides on expression of wish forms and nominees and beneficiaries explain the forms themselves.
Survivors' pensions work differently. TPO says they are "generally" payable "if the survivor meets the relevant criteria set out in the scheme rules, without a decision needing to be made". The scheme rules say which benefits are which.
What trustees look at before they decide
Trustees do not simply read the form and pay. One trustee, quoted in a published determination, described its duty as gathering enough information about the member's circumstances to make a fully informed choice among those eligible, which meant considering any expression of wishes and making enquiries so that it had the relevant facts. Trustees may ask about the member's family, relationships and who relied on them financially.
Whether an unmarried partner, a stepchild or an adult child can be paid depends on the categories in that scheme's rules, so there is no one answer. If it is unclear whether you qualify, ask for the rules first; once you have them, a free call-back from the adviser can help with reading them.
Decisions can take time. TPO notes that HMRC currently allows up to two years for payment before a possible tax charge, and GOV.UK warns that if the person died before 75 and the payment reaches you over two years after the provider learns of the death, Income Tax can be due. That deadline is one reason trustees cannot wait indefinitely. For the tax itself see inherited pension tax.
How to challenge a pension death benefit decision
The route is the same for most workplace schemes, and TPO asks people to follow the steps in order.
- Raise it with the scheme in writing. TPO advises making a complaint "in writing, stating clearly that you are raising a formal complaint". Ask the trustees for their reasons, who they consulted and the scheme rules they relied on.
- Use the scheme's internal dispute resolution procedure (IDRP). TPO says occupational schemes should offer a formal Internal Dispute Resolution Procedure (IDRP). It is usually two stages, an initial response and then an appeal, and in general each stage can take up to four months. Personal pension providers have their own complaints process instead.
- Go to The Pensions Ombudsman. It is free, and TPO expects you to have made efforts to complete the IDRP first. TPO generally allows three years, counted from the event or, if later, from the date you knew or ought to have known of the issue. For death benefits it also says to raise a problem as soon as you find it.
Keep every letter and email: TPO will want the scheme's final response and the correspondence. If nobody was named at all, what happens when no beneficiary is named is the better starting point.
What the Ombudsman can and cannot change
TPO looks at process, not at what it would have chosen. It checks whether the decision-maker was the right person, followed the scheme rules, interpreted them correctly and "took into account appropriate factors when reaching their decision". If the process was right, "we are unlikely to uphold the complaint."
If the process was wrong, TPO can direct the trustees to retake the decision or to consider extra factors, but "we cannot direct a decision-maker to reach a specific outcome, such as who to pay a death benefit lump sum to." The answer after a fresh decision may be the same. It may also make an award where poor administration caused significant distress and inconvenience: in TPO's published case study of Mr S, its adjudicator found the trustee had wrongly held back half a lump sum, said it needed to make a clear decision about who should be paid, and recommended £500 for the distress it caused.
So the realistic aim of a challenge is a properly made decision, not a guaranteed payment.
Can the courts or inheritance claims reach a pension?
In England and Wales, a claim under the Inheritance (Provision for Family and Dependants) Act 1975 is made against the deceased's estate; the Act does not extend to Scotland or Northern Ireland. It defines the "net estate" mainly as "all property of which the deceased had power to dispose by his will", and it also draws in some other property, such as money a person nominated to receive under the provisions of an Act of Parliament. A discretionary death benefit is paid by trustees to whoever they choose rather than left by will, so it does not fit that main definition. Whether any particular pension could be drawn in is a legal question for a solicitor, and the answer turns on the scheme and the facts.
The April 2027 inheritance tax change is a separate matter. It comes from Finance Act 2026. Under its section 71, the new rules cover deaths from 6 April 2027. Its section 66 inserts section 150A into IHTA 1984, headed "Certain pension interests treated as part of estate", which treats a member as beneficially entitled to "notional pension property" "for the purposes of this Act", meaning that tax Act. HMRC's technical note says personal representatives will be responsible for reporting, and liable for paying, any inheritance tax due on that property. That is a tax rule about valuing the estate for tax, and our pensions and inheritance tax guide covers it. Whether it affects a family-provision claim is a legal question to put to a solicitor.
Pension beneficiary questions
Can I contest a pension beneficiary?
You can complain about how the decision was made, through the scheme and then TPO, but you cannot usually force a different person to be named. The decision belongs to the trustees or scheme manager.
Can a pension beneficiary be changed after death?
Not by the family. For discretionary benefits the trustees decide, within the scheme rules. If TPO directs them to retake a decision, the result may stay the same or may differ.
Does a will override a pension nomination?
Not automatically. Trustees are not generally required to follow even a letter of wishes. In the Mr S case the trustee confirmed it had considered his will but treated the payment as its own discretionary decision. See pension beneficiaries for more.
What if the person who inherited the pension has also died?
Different rules apply to money already passed on, covered in what happens when a pension beneficiary dies.
Do I need a solicitor to complain to the Pensions Ombudsman?
No. TPO is free to use and you can bring a complaint yourself. A solicitor matters if you are considering court action.
Your first move
Ask the scheme for its reasons, in writing, and note the dates. For an FCA-authorised adviser to consider your own circumstances, return the short form here and the call-back is free of charge. A solicitor should handle any court claim.