Monday, 17 August 2015

Pension savings in the UK

I have recently read an interesting article in the Telegraph regarding pensions and the top places in the world to receive one.  The Melbourne Mercer Global Pensions Index has reviewed the top places, and here is their top 8:

1) Denmark
2) Australia
3) Netherlands
4) Switzerland
5) Sweden
6) Canada
7) Chile
8) UK

Denmark came out on top as schemes are well funded, with good benefits and consumers are protected effectively.

The pension reforms in the UK have been happening for the last three years and are still continuing for smaller businesses - meaning that eventually all employees will automatically be enrolled in a pension scheme.  Though it seems the UK has a little way to go to encourage everybody to proactively think about retirement.

In April 2015 in the UK, we also saw those retiring given free reign to spend their pension savings with one argument being, that a relaxing of the rules allows savers a greater freedom in their later life.

So where do we come in to all of this?  Well, here at Hopkins Law we have a number of people ask us just how these new pension rules affect how individuals can pass pension assets to their family.

Any pension policyholder dying before the age of 75 has the option of passing their pension savings (assuming they have some left!) to anyone they choose.  Their ‘nominated beneficiary’.

Anybody who has any assets should make a Will, so if this is something you think we could help with, please have a chat with our friendly Wills team, just give us a ring on 029 2039 5888 or email our specialist consultant Lynn Wheeldon.

Tuesday, 11 August 2015

Volume of calls to National Family Mediation service doubles in the past year

National Family Mediation have in the past year, seen the number of calls to their helpline significantly rise.  With its helpline taking on average 3,400 calls per month from January to June 2015. In contrast the same period last year saw 1,600 calls each month.

NFM CEO Jane Robey commented:
“Couples are increasingly self-researching their options, and this is reflected in the huge increase in calls to dispute resolution specialists…our experience tells us people are cogitating, calculating and considering their next move.  Our experts are helping more families in crisis than ever before and it’s a challenge to meet the soaring demand.’’

Please remember that we offer free advice clinics.  We appreciate that, at times, you may not know whether a solicitor can help you, or how much it might cost.  This is exactly why we have introduced a 'free clinic' at each of our South Wales offices so that you can pop in, pick our brains, and then see if you want to take the matter further.  To discuss all matters relating to Divorce, Separation, Children, Finances and Civil Partnerships pop into our Cowbridge Free Advice Clinic runs on a Thursday from 2pm - 6pm.

Wednesday, 5 August 2015

BAAF - British Association for Adoption & Fostering announce changes

Following from an upbeat post of mine published on 21st July, relating to the positive statistics released on adoption successes in Wales. It has sadly been announced this week that the BAAF has now closed in England and alternative providers are being looked at for Wales.

Some of its functions in England have already transferred to the children’s charity and adoption agency - Coram and to a new entity - CoramBAAF Adoption & Fostering Academy.

The following functions will be provided by CoramBAAF:
- Research
- Policy & development
- Membership administration
- Professional advice & professional development
- Publications
- National adoption register for England
- National adoption week
- Adoption activity days

BAAF Wales will continue to trade on a limited basis for a brief period to allow consideration of options to transfer services and staff.

I will keep a close eye on developments relating to this news and if you have any questions regarding the legal aspect of adoption then please contact me.

Tuesday, 28 July 2015

Last Will and Testament

In what could turn out to be a landmark decision, it has been ruled by the courts that a Mrs Llott is awarded £164,000 inheritance - a third of her estranged mothers estate - dispite being cut out of her Will.

The story that the BBC covers in full - details how at aged 17, Heather Llott eloped with her future husband and from this moment onward the relationship between her and her mother - Mrs Jackson had soured.

Whilst Mrs Jackson had made it clear in her will that she wanted no element of her estate to be passed to her estranged daughter and had instead instructed it to be passed to three different charitable organisations - Lady Justice Arden said the mother had been ‘unreasonable, capricious and harsh’ and it was noted by the court that no ‘reasonable provision’ had been made for Heather.

Clive Coleman - a BBC legal affairs correspondent gave the following analysis:

Experts say the ruling means you can still disinherit your children but you’ll have to explain why and what connects you to those you do leave the money to.

That’ll make it easier for adult ‘disinherited’ children to challenge wills and claim greater sums by way of reasonable provision.

Aside from the results of this hearing, there are many essential reasons why you should make a Will:

- Unmarried partners cannot inherit from each other unless there is a Will.

- If you have children under the age of 18 you need to make arrangements for guardianship in the event one or both parents die.

- You may be able to reduce the amount of tax payable on the inheritance for your loved ones.

- If you die without making a valid Will, then the Law decides on the allocation of your assets; it may all be left to the Crown!

We have a specialist consultant, Lynn Wheeldon, who will be happy to assist you in the drawing up of a Will or any probate or Trust matter.

You can email Lynn or telephone to the numbers below.

Central Cardiff – 029 2039 5888
Cowbridge – 01446 77 41 51

Tuesday, 21 July 2015

Adoptions in Wales on the increase

The National Adoption Service has released a report which shows an increase of both the number of children placed for adoption in Wales and also the number of approved adopters.  Another promising sign is that the length of time it takes for children to be placed with an adoptive family is now at 16.5 months - previously this had been 26 months.

Speaking of what the service has achieved so far, the director of operations - Suzanne Griffiths said ‘’I’m very pleased with what the service has achieved so far; in particular we can see more children being placed more quickly and more adopters approved’’

Alongside this, the launch of the National Adoption Service saw the additional introduction of a Welsh adoption register operated by the British Association for Adopting and Fostering.  Helping match adopters and children that may not be in the same region, this new register ‘helped to facilitate the process for 41 of the 386 children matched to date.’

Hopkins Law specialise in child law, understanding the sensitivity and expertise required when dealing with the interests of matters relating to children - please email me here if you have any questions. 

To read more on the report findings in Community Care please click here

Tuesday, 14 July 2015

Departure from equality?

An interesting story in The Telegraph this week speaks of a landmark case where it was concluded that one family’s entire fortune of £550,000 should go to the wife.

Essa Aly had, in 2011 left his wife and moved abroad.  Out of the system of the Child Support Agency and British courts, it was noted that he had not paid anything towards maintenance or child support since 2012.  Lady Justice Macur saying of Mr Aly that he had shown himself to be ‘unwilling to provide any support’.

Explaining the decision Lord Justice McFarlane said ‘there was no realistic expectation of getting further maintenance out of the husband…and…'to give first consideration to the welfare of the two children’.  It was therefore upheld ‘that he had awarded her a far more substantial lump sum than would otherwise have been the case if equality was the only yard stick.’

To read the full story on The Telegraph website click here.

Do remember we are here to help with all matters concerning divorce - you can get in touch with me with any kind of query.

Sunday, 5 July 2015

GPS tracking devices for domestic abusers?


An interesting pilot scheme is about to be launched where violent partners convicted of domestic abuse are to be fitted with GPS tracking devices to alert their victims when they are nearby.

The scheme will warn people worried about running into an ex-partner when they are in close proximity, allowing them to avoid confrontation, but it will also serve as a deterrent to those abusers unable to control their behaviour when face to face with a former partner.

The scheme is being piloted by Northumbria Police and is voluntary at the moment, but if successful it could be rolled out across other forces and could even be offered as part of a defendant’s bail conditions.

Anything that helps victims of domestic abuse feel more safe is a positive step forward.  It will be interesting to see how this scheme works out.

In the meantime if you are worried about any aspect of domestic abuse or maybe even worried about a friend, contact me or Sally Fitzherbert or ring us on 029 2039 5888 to have a chat.

To read the full article on this story click here: