IHTM17037 | Pensions: IHT exclusions: omission to exercise a right

IHTA84/S3(3) treats an omission to exercise a right as a disposition where

• a person’s estate is diminished and

• the value of another person’s estate or of settled property is increased as a result (IHTM14810).

In general, this can include a situation where a person does not exercise a right to take pension benefits and so increases the death benefits payable outside the estate. However, for deaths on and after 6 April 2011, where a member of:

• a registered pension scheme (IHTM17021),

• a qualifying non-UK pension scheme (IHTM17025) or

• a section 615(3) scheme (IHTM17026)

omits to exercise a right to take available pension benefits from that pension scheme, this provision no longer applies. The provision can still apply to pension schemes other than those above, mainly employer-financed retirement benefit schemes (EFRBS).

IHTM17301 gives further details of the section IHTA84/3(3) charge in relation to pension rights and the circumstances where we would apply such a charge.