Pensions

Pensions

This subtopic provides an overview of the UK pension system for the Private Client practitioner, including regulation, governance, taxation, lifetime planning, the treatment of pension funds on death and overseas aspects of pension schemes.

An introduction to the UK pension systems for the private client practitioner—how pension schemes are governed and the key regulatory bodies

In the UK, the overwhelming majority of pension schemes in the private sector, ie both occupational and personal pension schemes, are established under trust and are therefore subject to trust law. The trustees appointed under the trust deed are required to act in accordance with the trust deed and rules and overriding legislation governing pension schemes. Probably the most important tenet of trust law is that the trustees must act in the best interests of the members of the pension scheme.

In the public sector, pension schemes are established mainly by statute and are subject to their scheme rules and overriding legislation, but some are established under trust and thus subject to trust law and are therefore required to act in accordance with the trust deed and rules as well as any overriding legislation.

For

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Latest Private Client News

Private Client weekly highlights—12 June 2025

This week’s edition of Private Client highlights includes: (1) analysis of the Law Commission’s report on modernising the law on Wills: (2) ATN v BTN, in which the High Court ruled that a 17-year-old transgender girl possesses capacity for HRT; (3) call for evidence on the tax treatment of carried interest—government response and policy update; (4) Governors of the Free Grammar School of John Lyon v Attorney General, which concerned the amending of objects of a Royal Charter charity; (5) Rogers v Wills, in which a daughter won her claim against her parent’s estate for reimbursement of the value of care provided to the parent; (6) the Government unveils landmark pension reforms in its Pension Schemes Bill; (7) analysis of Moran v Revenue and Customs Commissioners, a decision about the transfer of assets abroad benefits charge, and (8) Spending Review 2025.

Prepare now for new automatic disqualification criteria coming 31 August 2025

The Scottish Charity Regulator (OSCR) has published guidance on the new automatic disqualification rules, which will come into force on 31 August 2025 under the Charities (Regulation and Administration) (Scotland) Act 2023. The changes extend disqualification criteria beyond trustees to include senior management roles, and they introduce new grounds for disqualification, such as terrorism-related offences and inclusion on the sex offenders register. OSCR will begin accepting waiver applications from 30 June 2025, prioritising individuals already occupying affected positions prior to the implementation date. These rules complement the existing restrictions on undischarged bankrupts and on those with protected trust deeds.

Modernising Wills—final report recommendations to modernise Wills law to promote testamentary freedom

Private Client analysis: On 16 May 2025, the Law Commission published its final report, Modernising Wills Law. Written by Matthew Duncan, partner and head of Private Wealth at Druces LLP.

Call for evidence on the tax treatment of carried interest – Government response and policy update

HM Treasury has published a Government response and policy update regarding the tax treatment of carried interest following a call for evidence. This update details the implementation of a revised tax regime, which will bring all carried interest within the income tax framework from April 2026.