Pensions law and the running of pension schemes can be a complex area. The combination of complex black-letter law and layers of regulation combined with a fragile economic climate and widespread pension fund deficits has produced a environment prone to mistakes, blame and litigation.
The requirement for schemes to have a formal internal dispute resolution procedure encourages the resolution of disputes internally before consideration of external, independent forums such as the Pensions Ombudsman and the courts, which have a long backlog of pending cases. However, in some instances, recourse to the courts is unavoidable and necessary.
For further information on the Pensions Ombudsman, see Practice Notes: Making a complaint to the Pensions Ombudsman—what is involved? and The Pensions Ombudsman—when should he be used and what are his powers?
Disputes in relation to a pension schemes can take various forms. Depending on the type of scheme in question and the relevant facts, they can be potentially pursued through a number of different avenues. For further information on the various ways in which pensions disputes may arise in respect of occupational...
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If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
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