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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a will submitted in which Dickens & Co who are no

Customer Question

i have a will submitted in which Dickens & Co who are no longer there, were the solicitors and executor to my will. My question is that my husband was made bankrupt in April 1995 and the creditors are claiming a small amount of £1600 approximately of a private pension he had. We got married in 2001 after the Reform of pensions in 1999 so should I be leaving my estate to him, would the creditors be able to claim this if it becomes in his name? At the moment everything is in my sole name.....should I be setting up some sort of protective trust to prevent this happening, if so how do I do this?
Thank you
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

I assume that the Bankruptcy has long since been discharged?

Customer: replied 1 year ago.
April 1995 because it was before the new law reform pensions 1999 but I didn't know him then, we married in 2001
Customer: replied 1 year ago.
He is now trying to recover from cancer operations and chemo
Customer: replied 1 year ago.
Should I be setting up a protection trust? House is in my name only but should I pass away before he does it would go to him...
Customer: replied 1 year ago.
This was a private pension worth only around £1600 but the official receivers are claiming this back from him.....he is drawing state pension now at 66 I take it this cannot be taken away from him?
Expert:  Clare replied 1 year ago.

Sorry for the delay - I wanted to find out a little more before I replied!

Your husbands pension is at risk because it was in existence prior to 1999.

Nothing he may inherit from you in the future will be at risk

Please ask if you need further details

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