How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Senior Partner Your Own Question

Senior Partner
Senior Partner, Solicitor
Category: UK Family Law
Satisfied Customers: 13216
Experience:  solicitor admitted for more than 30 years
Type Your UK Family Law Question Here...
Senior Partner is online now
A new question is answered every 9 seconds

Hi There, I am 53 and divorced from my ex husband. I have

Resolved Question:

Hi There,

I am 53 and divorced from my ex husband. I have pension policies which I paid all premiums into prior to meeting my husband. On our divorce, 5 years ago, I was told all future retirement benefits from these policies fell outside any financial settlement, which my ex accepted.

I was diagnosed with breast cancer recently, which treatment with surgery and drugs give a very good prognosis for the future, but this event made me look at life policies/death benefits for my two children aged 19 and 16 who live with me. It can to light that my policies are subject to an Absolute Trust, and my ex is the beneficiary and sole trustee. My pension company has lost the trust deed, and I do not have a copy. I have had a deed drawn up, by a local lawyer, on the recommendation of the pension company, for him to sign to enable him to resign as a trustee, and to assign any death benefits in equal shares to my children. He is refusing to sign the document and my pension company say they are not liable to provide any help. I do not know what I can do, but certainly it is not my wish that should I die prior to being able to take all or some of my pensions at age 55, that the death benefits should go to my ex What are the options? Cheers TS
Submitted: 7 months ago.
Category: UK Family Law
Expert:  Senior Partner replied 7 months ago.
Hi the only simple solution is to set up a new pension scheme and transfer the existing policies into a new scheme. An IFA should be able to help you do this. The only down side is any transfer costs and if you have any guaranteed returns built into the policies.
Customer: replied 7 months ago.

Hi Thank you,


 


There would be very significant losses in the fund as there are guaranteed annuity rates on the policies, any the pension company have said they will not bend the rules to help me. Doesn't the Pension company have any responsibility to help me sort out the problem as they have lost the trust papers and also one of the original policy documents? and doesn't my ex have a responsibility to act in the interest of me the policyholder rather than in his own interest? TS

Expert:  Senior Partner replied 7 months ago.

Well how do they know it is in trust if they cannot find the deed? That sounds like nonsense. You can complain about that but it is not up to them to sort out the fact you wrote it in trust. Most trust deeds allow you to appoint trustees and beneficiaries. The form of trust deed would normally be that mandated by the pension company. Your ex does not owe you any duty at all but if you have had a financial settlement you can always go back to court. I would get a deed drawn up appointing your children as beneficiaries and if possible additional trustees and send it the pension co. if as is normally the case there is power to do this the deed it should be effective. Have you asked the IFA who set up the policies if they have a copy? At the end of the day you may be better to switch policies and lose the guarantee than to lose the whole fund to your ex.

Customer: replied 7 months ago.

Thank you. That is helpful.

Expert:  Senior Partner replied 7 months ago.
good luck getting this resolved.
Senior Partner, Solicitor
Category: UK Family Law
Satisfied Customers: 13216
Experience: solicitor admitted for more than 30 years
Senior Partner and other UK Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    1467
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    1467
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    758
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/hartsol/2009-08-11_134750_s629545647_1406287_2616.jpg jusleen's Avatar

    jusleen

    Family Lawyer

    Satisfied Customers:

    609
    Qualified Family Solicitor practising family law since 1999. Member of resolution.
  • http://ww2.justanswer.com/uploads/griffintigger/2009-2-20_19450_jo1.jpg Joanne B's Avatar

    Joanne B

    Family Solicitor

    Satisfied Customers:

    404
    Qualified 1999 with over 12 years experience in Family Law.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    394
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Solicitor

    Satisfied Customers:

    284
    Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    226
    LL.B (Hons), Higher Prof. Dip. Law & Practice