Expiry of debts and Pension Sharing Order
Expiry of debts There is an outstanding charge from 2004 against the property my late mum co-owned, a charge by a bank for 2 loans which date back to the late 90s early 00s. As I need to sell the property, I am looking to discharge this charge against the property. As the debt is now well over 12 years old, am I liable to pay this as part of my late mum’s estate or can this debt be removed?
Pension Sharing Order As part of my late mum’s divorce settlement, a pension sharing court order was issued for 50% of her ex-husbands pensions. One of the pensions held was for £822.92 due in 2006 but the PSO was never activated. I have contacted the pension provider to query this and they have responded by offering to pay the £822.92 - £370.71 tax leaving a total figure of £452.61 plus £100 compensation. As this PSO was never activated, my late mum did not have a chance to invest this money into her pension plan, so therefore can I challenge this on the grounds of lost investment growth for the last 13 years?
Any help or advice would be greatly appreciated.
Comments
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Unless she lived in Scotland, you will not be able to get those depts written off. Debts secured against property will have been done through a CCJ which does not expire.
As for the pension, is there any reason why she did not claim it? Not all pensions are paid automatically and this does not sound like a defined benefits type pension which would have been paid when she reached a certain age.1 -
HarleyH said:
Pension Sharing Order As part of my late mum’s divorce settlement, a pension sharing court order was issued for 50% of her ex-husbands pensions. One of the pensions held was for £822.92 due in 2006 but the PSO was never activated. I have contacted the pension provider to query this and they have responded by offering to pay the £822.92 - £370.71 tax leaving a total figure of £452.61 plus £100 compensation. As this PSO was never activated, my late mum did not have a chance to invest this money into her pension plan, so therefore can I challenge this on the grounds of lost investment growth for the last 13 years?
Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!1 -
The debts may have been paid off but the charges have just not been removed. You would need to check with the bank.I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.1
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