All Things Local - Village Edition - August/September 2022

Page 8

BUSINESS PROFESSIONAL Business & &&Professional Professional Business Legal Matters Shacklocks Solicitors Whilst the idea that the someone abroad The difficulty is that CETV travelling for one scheme

Legal Matters: Matters: Legal Breakdown of a Marriage Trusts

Pensions can becompletely aproperty complexinarea. with, may their TrustTotostart be managed mightleave produce different pension there are types of pension, being mainly benefits todifferent the another You whilst they areCETV away isinstill very scheme. useful today, 70 years later the is to stillhome share a particular pension equally but the and Trusts may be usedtrust closer protect amight defined contribution pension, and a to defined In each edition legal advisors from providing that accommodation. reality inpension. terms of what you might each receive in manage property or money in other circumstances benefit Shacklocks deal with important legal your pocket could be significantly different. Thein too. For example, a parent may set up a Trust 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 There are set thenup different ways of dealing with pensions (pictured) invites us to think about after by a client a pension sharing order, especially when people for anwas adult son or daughter who is not able to LLP and aamember of the Society of Trust and on divorce. Ato divorcing person usually wanted help people might have been together for awill long time. beofasked making decision will benefit The introduction of that ‘no-fault’ divorce in April who manage their own affairs perhaps because Estate Practitioners, explains some of the with particular medical to obtain aorCash Equivalent of their future generations. disability mental capacityTransfer issues. Value A married 2022 has altered the landscape of family The CETV provided by atheir pension scheme conditions. Her kindness has mystery behind Trusts. pension for divorce purposes. This is a good place person may provide in Will for their surviving law. With a simpler, online system, people might nother be trustees a true representation of the value Making Will is a serious business. It is a enabled to right provide When aamarriage or a civil partnership spouse to have a is life in theirtohalf ofItthe to startpension. but rarely it interest the place end. can of that In some cases, especially some time which gives many people cause financial support to aprotecting gifted that half of the getting divorced might be tempted to Trusts are a very well established part of to English family home thereby breaks down, consideration needs to be be be dangerous to simply compare one pension public sector pensions, the CETV provided canvalue stop and think about how they want to young musician who has experienced a law, but are generally available in many bypass legal advice.notBut this can be a false home for the next generation. A Trust may be significantly understate the that true the worth of Equivalent a pension. against another and issues sometimes Cash given to howwhen the assets ofare thethey, union to remembered they are gone. of health interfered European So what and are used where someone receives have damages as a result economy,countries. and nowhere more so than when number Transfer can significantly underrepresent with her Value education, toclinical enable that child tothe true be Assets can include the home, howdivided. did they come about? of a personal injury or negligence claim. There are obviously many different pension itMany comes to pension arrangements. people are attracted by the idea ofalso be educated inset the most appropriate worth of the pension. A couple may up a Trust to keep their family savings, cars and other valuables but schemes in existence. Each will probably be doing something to help others environment. Put as simply as possible, a Trust willless arise where a assets in the bloodline changes that in family different to the next. Itinis case very of important you pensions. fortunate than themselves after they pass A good private pension is pivotal to providing person transfers property or assets into the name and marital arrangements which may take the The pension can be dealtand with by the pension sharing, receive the right advice that true value away, particularly if their family are A Charitable Trust can be set up either of theirthe chosen Trustees, forthe thewith Trustees to hold income in retirement, especially the state assets of theisisfamily, orand someone withhas a their of eachout pension understood and shared fairly. Indeed pensions can be valuable where ayour pension divided each party adequately provided for or for ifmost they have noasset during lifetime with savings and that property orbethose assets certain purposes Often it is necessary to involve other experts, second family may set up a Trust to make special pension provision being relatively modest. Yet treated media and care has to exercised in how they are own separatebuilt pension pots, or byoroffsetting, where close Whilst for some still like of the idea investments upactuaries, already, and onfamily. certain terms, the benefit specific for example pension whoalternatively will produce arrangements for their two families. A person how they reports, are divided. Usually, pensions are and academic including a charities, recent BBC Radio the pensions are left untouched, but the share of supporting major national there through a specially prepared Will that willofin comprehensive reports to assist in the division ofother persons orina one group of people. dealt with of the following ways: with Charitable intentions may set up a Trust 4are report, that divorced women arelocal a group manyhighlight who prefer to benefit more only take effect following your death and assets are adjusted to take into account the value of pension assets. The information given above is their lifetime or on death for the benefit of those particularly under-provided for in can terms ofpension the pension causes orunderstand causes close tois their heart, possibly will therefore not deprive you capital or in necessarily general andwish cannot beofrelied pensions. is even the possibility of aupon pension 1. Pension sharing. This where one is To better Trusts we take a look who theyThere particularly to help in the future, where have had aCrusades. personal during your lifetime. provision they areessentially left with attwo the pensions, endinvolvement of a divorce. any particular case. divided to create afirst reduced income back to they the times of the Trusts attachment order, although in practice and by doing so leave a lasting legacy:these manyare of the or received support during their lifetime. pension for the member of the pension scheme and The brief conclusion that many wives were began to take shapewas in medieval England whensimply charities weonly see in now may have been set up in this appropriate rare situations. Our team at Shacklocks have a particular At Shacklocks LLP we are committed to a new pension for the other person. men were travelling abroad to regards join theto Crusades. way. These are all types of Trust. not getting the right advice with pensions. Something that ourtheir team willis discuss with helping you to understand the true worth speciality in preparing arrangements of this 2. Pension This where court They wouldattachment. transfer property to a atrusted The comment in this isprofessional general in nature of pensions to article helpasyou receive a fair and clientsfor inorder this situation is the ideaofof setting kind and alsoand of acting makes an directing that some the pension friend them to look after, manage and protect Shacklocks LLP have been dealing with Trusts Yet fairto sharing of pensions is to perfectly possible. financial which meet your up atheir own trust which payable one charitable person is paid trustees tosettlement enable wishes towill be fulfilled and should not be reliedthough upon. Having the right legal advice until their return, which may notthe beother. forcan many for many years, not quite as far back needs. Shacklocks LLP family law team 3. Offsetting. This is where thefor pensions arefriend left continue provide support charitable instructions to be from theCrusades! outset for followed. your own particular circumstances years. Thetomoral obligation imposed on the as the If you would like to know are currently offering all new clients an untouched but the share other assets are causes their choosing long after they have The reason wives have lessofpension in the firstadjusted place is one ofofthe earliest forms of a Trust, which over is crucial in order to ensure a fair they and equitable more about Trusts and how may initial free half hour To be of to takederives into account the value ofown pensions. passed away. Creating your charity Ifhelp you in are thinking of appointment. supporting charities usually from choices made within marriage. the centuries has become embedded inaour legal your circumstances contact Cassandra outcome. find out more, contact Ben Stubbins and means that your trustees canforprovide through your Will or Farmer during your lifetime system. It is still you relatively commonplace a wife to have Worton or atemail Shacklocks his team onRichard 01773 822333 or Before think about dealing support toeven those who need help with most.pensions with a lump sum, why not talk to us about LLP on 01773 822333 or 01623 or spent time of the labour market to look after bens@shacklocks.co.uk. you need toout know their value. The starting point is Shacklocks LLP currently all626141 There canforward be a great sense of satisfaction inthe the different ways in whichoffer we can helporyou Ifhome we fast to the present day, the reasons email cassandraw@shacklocks.co.uk often the provision of a Cash Equivalent Transfer or raise a family, or to have worked part-time, new family initial and free how half to make knowing thatare your trustees will carry benefit thoseclients goodan causes, to use(“CETV”). a Trust broadly thetosame as in out medieval richardf@shacklocks.co.uk. Value This be provided in so their ability toare generate their own pension during hour appointment. To find outenable how a your wishes after youneeds have gone and that the most of the tax rules that England; there different types of Trusts and all cases. Whilst the CETV is important, further your name willdifferent be associated such good charitable cause benefit. this time compromised. we can help youto achieve a fair share there arehas many types ofwith situations information isbeen often needed in terms of benefit deeds even after you are no longer around. of pension on divorce, contact Ben which may create Trusts of may set up in a statements so that Trusts. the full terms thebe pension Call us at Shacklocks talk about Stubbins or Marcellato Kilbane on how we The extent which apensions come into play Trusts in lifetime, or to through Will following death. can be considered. At Shacklocks we have setinup a number of can help822333(Belper), you to help your favourite local may providewill circumstances which beneficiaries 01773 01773 743513 any divorce vary from case to case, but often charitable trusts over entitled the 150 years or so we causes. It is important to understand the difference between will become absolutely to the Trust Fund, (Ripley) or 01332 559281 (Allestree) ahave pension willinbebusiness the mostand valuablestill assetlook in the after different pension types. Somewe pensions arefor pots of or theybeen may provide flexibility by allowing or email bens@shacklocks.co.uk. marriage. The truesometimes worth can eclipse the value of those trusts today. One of the charitable Shacklocks on money which can be converted Ben Stubbins discretion to be exercised as to who shouldinto cash Telephone trusts we look after, for example, was the home. 0845 602 2344 or email me at (subject to tax). Other pensions simply give a person benefit. 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 Worton accommodation until their death. for elderly residents.

Penny Wise Pound Foolish?

or Civil Partnership: Dividing the Pensions

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

68 72 8

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


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.
All Things Local - Village Edition - August/September 2022 by Karyn - Issuu