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 Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Is there a legal obligation of the company taking care of a

Customer Question

Is there a legal obligation of the company taking care of a ssas pension scheme to communicate with any person who has a financial stake in the scheme. I have a share of my husbands pension via a court order. I want to take the pension as I am now 60, but the admins will not speak with me as I am not a direct member and the members of the scheme refuse to give authorisation.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Order made and was it a Pension Sharing order or an Earmarking Order?
Clare
Customer: replied 2 years ago.

thank you... it was made in 1995 and it was a pension sharing order. I was supposed to have taken out the money and put it into my own scheme, but I never did as I thought it would be well invested it it stayed with my husband. It was never discussed with anyone - I just left it there and sort of forgot about it. But, the members were aware of the order. Now as I am 6o last Jan I want to release the pension funds. My husband's accountant has made a calculation based on 3% average over the period. The admins of the fund may not agree this figure and are currently making their own calculation. Under the terms of the fund they cannot spk to me and my ex husband will not give authorisation. I should have taken the funds within 4 months - which I have only just learnt.


 


Can I lose the money.


Will the admins have to inform me if their is a dispute.


Can my ex husband agree HIS figure with the admins without my knowledge


 


What is the system in these matters


 


I have set up a deposit account with Standard Life - will they be able to spk with the fund admins.


 


The amount in question was £200,000 at the time of pension sharing.


 


What I do know is that the admins may want to make the calculation based on the entire fund growth and not just interest only. The fund owns land.


 


thank you


 


 

Expert:  Clare replied 2 years ago.
Hi
It cannot have been a Pension Sharing Order in 1995 - is that date correct?
Clare
Customer: replied 2 years ago.

I will have to check thanks


 

Expert:  Clare replied 2 years ago.
Hi
If the Order was made before 2000 then it is likely that it was an Ear Marking Order and if that is the case then I am afraid that you cannot claim the pension until your ex does at which point you will receive your percentage
If you need more information when you have the copy of the Order then please ask
Clare
Customer: replied 2 years ago.

i will have to ask my husband for a copy of the order - no - one has mentioned ear marking so far. i will come back to you if you dont mind and will find out more about the scheme.


 

Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • 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
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • 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
  • 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
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice