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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34886
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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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: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
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?
Customer: replied 3 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 3 years ago.
It cannot have been a Pension Sharing Order in 1995 - is that date correct?
Customer: replied 3 years ago.

I will have to check thanks


Expert:  Clare replied 3 years ago.
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
Customer: replied 3 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 3 years ago.
That is fine