Author: Catherine Burton (2000)

The Trustee in Bankruptcy and the Pensioneer Trustee

Catherine Burton, a Professional Support Lawyer to the Bankruptcy Support and Reconstruction Group at DLA, Solicitors, considers the impact of recent changes in the law surrounding a trustee in bankruptcy’s rights to a bankrupt’s personal pension benefits
(taken from Isssue No 12 – July 2000)

Trustees of personal pension schemes will be familiar with standard requests from trustees in bankruptcy (TiBs) seeking acknowledgement of the TiB’s right to any benefits to which, prior to his bankruptcy, the bankrupt would have been entitled. The larger corporate trustees have developed their own standard responses. Following recent case law, the introduction of legislation (some of it surprisingly hastily) and the outcome of pending court applications, those standard letters may need to be amended.