All Things Local Magazine - Village Edition - April/May 2022

Page 8

BUSINESS PROFESSIONAL Business & &&Professional Professional Business Legal Matters Shacklocks Solicitors IfThe a person making a Will, can often Whilst the dies idea that the someone abroad difficulty is without that CETV travelling for onethis scheme

Legal Matters: Matters: Legal

lead catastrophic resultsinas the list who may leave theircompletely property Trust toof bepeople managed mightto produce different pension are entitled to estate may not be as you benefits to the CETV another scheme. You whilst they areinherit away an isinstill very useful today, 70 years later the isasto still anticipated. such property ownership, might share aFactors particular pension equally but the and Trusts may be usedtrust closer home to protect In each edition legal advisors from providing that accommodation. reality in terms of what you might each receive divorce, marriage, children, may in manage property or moneystepchildren, in other circumstances Shacklocks deal with important legal your pocket couldon be significantly different. The too. For example, a parent may set up a Trust all have an impact the inheritance and lead to in topics. This month Marion Vesey Another of the wetheir look courtlifetime is generally concerned about Cassandra Worton, Partner with Shacklocks their or trusts through Will the for aeffect child,ofor unexpected and unwanted results. (pictured) invites to think about after set upor by a client a pension sharing order, especially when people After over 15 years’ofusexperience working in for anwas adult son daughter who is not able to LLP and aamember the Society of Trust and who to help people mightwanted have been together for a long time. of making decision that will benefit manage their own affairs perhaps because Without specialist support and assistance any the bigger city, and explains having spent a good Estate Practitioners, some of the with particular medical future generations. disability ormay mental capacity issues. A married inheritance adequately recognise new numberbehind of years of my early married life in The CETV provided by pension conditions. Hernot kindness has mystery Trusts. person may provide in atheir Will scheme for their relationships or other family members, and insurviving some might not be a true representation of the value Making a Will is a serious business. It is a enabled her trustees to provide Belper,aitmarriage is good toorbea back servicing the When civil partnership spouse to give haveothers a life interest inespecially their halfsome of theto cases may a claim over or entitlement of that pension. In some cases, time which gives many people cause to financial support to a gifted Trusts are a very well established part of English legal needs of consideration Belper and theneeds wider to local family home thereby protecting that half of the breaks down, be assets property in which have a financial public or sector pensions, the CETV provided stopbut and aboutnot how they want to be young musician who hasyou experienced acaninterest. law, arethink generally available in many home for the next generation. A Trust may be community. significantly understate the true worth of a pension. given to how the assets of the union are to remembered when they are gone. number of health issues that have interfered European countries. So what are they, and used where someone receives damages as a result Evenher if there is a Will there may be issues about with education, toclinical enable that child to who is be Assets can include the home, howdivided. did they come about? of a personal injury or negligence claim. There are obviously many different pension As a highly experienced Solicitorbyworking within the entitled tomay deal with the estate; there may befamily concerns Many people are attracted the idea ofalso be educated inset the most appropriate A couple up a Trust to keep their savings, cars and other valuables but schemes in the existence. Each will probably be as often challenging andtochanging legalwill world, I have dealt doing something help others less about how Executors deal with issues such environment. Put as simply as possible, a Trust arise where a assets in the bloodline changes that in family different to the next. Itinis case very of important you pensions. with mytransfers fairthan sharethemselves of disputes but itthey never failsname to fortunate pass Inheritance other taxes, making sure the person property or–after assets into the and marital arrangements which may take the receive the or right advice andabout that the true value away, particularly if their family are surprise me how the death of a loved one can both A Charitable Trust can be set up either estate as they should of theirthe chosen Trustees, forthe themost Trustees to hold assets out ofare theisdistributed family, or someone withbe, a or of eachassets pension understood and shared fairly. Indeed pensions canfor be valuable adequately provided or for if they have noasset during lifetime with and unite and has divide family and friends. about of costs or expenses arespecial being that property orbe those assets certain purposes Often the ityour islevel necessary to involve other experts, second family may set up asavings Trust tothat make and care to exercised in how they are treated close Whilst for some still like of the idea investments built upactuaries, already, or alternatively claimed. and onfamily. certain terms, benefit specific for example pension who will produce arrangements for their two families. A person how they are divided. the Usually, pensions are of supporting major national through a specially prepared that will in Whatever relationship, losingcharities, someone there is never comprehensive reports to assist in the division of persons oryour group of people. dealt with ina one of the following ways: with Charitable intentions mayWill set up a Trust are many who to benefit more take effect following your death and easy and it can beprefer extremely distressing andlocal confusing only pension assets. information given above is One of my proudest moments was helping their lifetime or The on death for the benefit ofa young those causes orunderstand causes close toistheir heart, possibly will therefore deprive you capital or in necessarily general andwish cannot beofrelied upon when either a Will or the law means that don’tis 1. Pension sharing. This where one pension To better Trusts we can takeyou a look child to claim anot substantial property and money who they particularly to help in the future, where they haveexpected had personal involvement income during your lifetime. any particular case. divided to essentially pensions, afirst reduced back to what thecreate times of theaCrusades. Trusts receive you ortwo anticipated from their inheritance from an estranged bymany successfully and by doing so leave a lastingfather, legacy: of the or received support lifetime. pension the member of thetheir pension scheme began tofor take shape induring medieval England when and estate. charities wethe see now of may been set up where in this challenging validity hishave Will in a situation Our team at Shacklocks have a particular At Shacklocks LLP we are committed to a newwere pension for theabroad other person. men travelling to join the Crusades. way. These are all types of Trust. parentage was denied by other beneficiaries, and Something that ourtheir team will discuss with helping you to understand the true worth speciality in preparing arrangements of this 2. Pension attachment. This court They would transfer to valid a atrusted You may be concerned thatproperty a Willisiswhere not or does assets were difficult trace. of pensions and totohelp receive a fair clientsfor inorder this situation is the ideaofof setting kind and also of acting asyou professional makes an directing that some the pension friend them to look after, manage and protect Shacklocks LLP have been dealing with Trusts not reflect what was promised or agreed with you. financialtosettlement which meet your up their trust which can payable toown one charitable person is paid to the trustees enablethough wishes towill be fulfilled and until their return, which may not beother. for many for many years, not quite as far back Is the amount of the deceased’s estate not what you At Shacklocks, we will consider all the circumstances needs. Shacklocks LLP family law team 3. Offsetting. This is where thefor pensions arefriend left continue tomoral provide support charitable instructions to be followed. years. Theor obligation imposed the as Crusades! If you like toan know expected, dothe you have of concerns that,on especially in and offer a sympathetic and understanding voice, arethe currently offering all would new clients untouched but share other assets are adjusted causes ofthe their choosing long after they have is one of earliest forms of a Trust, which over more about Trusts and how they may be of as the caseinto of aaccount vulnerable elderly relative or friend, initial free half hour appointment. To providing professional and non-judgemental advice to take theorvalue ofown pensions. passed away. Creating your charity Ifhelp you in areyour thinking of supporting charities the centuries has become embedded in our legalin circumstances contact Cassandra find out more, contact Ben Stubbins and they may have been taken advantage of financially to your options whilst the same time aiming to help means that your trustees can provide through your Will or at during your lifetime system. Worton or Farmer atdifficult Shacklocks his team onRichard 01773 822333 or email Before you even think about dealing their later years? ease relationships during times. support to those who need help with most.pensions with astrained lump sum, why not talk to626141 us about LLP on 01773 822333 or 01623 or bens@shacklocks.co.uk. you need tobe know theirsense value. of The starting point There canforward a great satisfaction in is the different ways in which we can help Ifoften we fast to the present day, the reasons email cassandraw@shacklocks.co.uk oryou the provision of a Cash Equivalent Transfer You may feel that the distribution of carry the knowing that your trustees will Heidi Pearce is a senior benefit those good causes, and how to make to use a Trust are broadly thetosame as estate in out medieval richardf@shacklocks.co.uk. Value (“CETV”). This be provided in your not wishes after youneeds have gone and that does take into account your financial situation the most of the tax rules thatwith enable a solicitor Shacklocks LLP England; there are different types of Trusts and all cases. Whilst the CETV is important, further your name will be associated with such good charitable cause to benefit. compared to others who have benefitted or does and specialises in dispute there are many different types of situations information is often needed in terms of benefit deeds even youfull areterms no longer around. not reflect your longstanding relationship orset financial resolution. To find out more which may create Trusts. Trusts may up in a statements soafter that the of thebe pension Call us at Shacklocksabout to talkhow about how contribution to any shared Heidi canwe help lifetime, or through a Willassets. following death. Trusts can be considered. At Shacklocks we have setinup a number of can help you to helpyou, yourcontact favourite herlocal on 01773 may provide circumstances which beneficiaries trusts overyour the property 150 years or so we will causes. Are you worried how you Itcharitable is important to about understand theto difference between 822333 (Belper & Ripley) will become absolutely entitled theorTrust Fund, have in business and we after different pension Some pensions arefor pots support yourself ortypes. your children, thelook future? Is of a or theybeen may provide flexibility byinstill allowing or 01332 559281 (Allestree) those trusts today. One of the charitable Shacklocks on 626141 (Mansfield) money which canexercised sometimes converted into Ben Stubbins disappointed making claim against thecash Telephone discretion to beneficiary be as be toawho should or 01623 trusts we look after, for example, was 0845 602 2344 or email me at (subject to tax). Other pensions simply give a person benefit. estate? or by email at established by a will in the 1940’s to provide the right to receive an income from a particular date marionv@shacklocks.co.uk. Cassandra Wortonheidip@shacklocks.co.uk. accommodation until their death. for elderly residents.

Breakdown of a Marriage Trusts Life, Death, and Fall Outs or Civil Partnership: Dividing the Pensions

[knowledge+application] www.shacklocks.co.uk

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To advertise advertise contact contact Ruth: Ruth: T: T: 01332 01332 883140 883140 M: M: 07545 07545 261034 261034 E: E: ruth@allthingslocal.co.uk ruth@allthingslocal.co.uk To


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