Yes Pension Annuity Super fund. No orders ,or for them to get. So looks like the only option is ex's solicitor would need to confirm as they holding at ransom. Just cant understand if they have not got by now, then why insist there is possible orders.
No idea .... Doesn't make sense to me. Must be something else going on. I guess you will find out soon enough
Not so. Much depends on the superannuation deed. Super is whole different ball game to family law and should not be confused with Family Law claims.
OP really, really, needs legal help.
I had looked at the basic trust deeds in relation to account based pension plan and death(I believe correct one). I'm sure it basically states reversionary first, which was removed at divorce, then The trustee must in accordance with terms and conditions established by trustee pay to the nominated beneficiary. So suppose they are looking at just confirming if prior to death orders or proceedings commenced were in place before death. Again they should have got notified by now.
Can only see what the outcome is! Thanks
Can only see what the outcome is! Thanks
Yes. Possibly wanting to make sure there were/are no proceedings before the court.... They would not necessarily have to be notified of such, only served if orders were made
Hi The trustees are definitely being difficult. Have had 8 months of them making me jump hoops with paperwork and then come up with another excuse to run around. I provided proof via direct family law court email that there are no applications in place and stated can email them to confirm also and that I'm sure that you would have by now, if were. Now they come back with they tried searching themselves and non parties need permission to obtain information. Well I got advised via email no proceedings !!! Their next try is now that you didn't state if previous applications or orders. Again, then definitely should have had by now.
Is it known if it is true, that you wont be advised by the family law court, of prior orders? Over their delays!
Regarding just the FAMILY LAW aspect........ IF the parties were intending to seek a splitting order (via consent order), the fund trustee would have
1) first needed to have been given the prescribed forms to value the fund & provide that valuation to include in the draft
2) Been given at least 28 days notice prior to the filing of the draft consent order of
(a) the proposed terms of the split
(b) The opportunity to oppose the terms
The draft can not be filed until 28 days have passed since notifying the trustee (as long as the trustee has not objected)
So again, I can not see how they could not have known if a draft was filed.....
Just still leaves me thinking something else must be at play, perhaps other than family law.... I think you are going to have to have a lawyer look over things if they continue to stall
1) first needed to have been given the prescribed forms to value the fund & provide that valuation to include in the draft
2) Been given at least 28 days notice prior to the filing of the draft consent order of
(a) the proposed terms of the split
(b) The opportunity to oppose the terms
The draft can not be filed until 28 days have passed since notifying the trustee (as long as the trustee has not objected)
So again, I can not see how they could not have known if a draft was filed.....
Just still leaves me thinking something else must be at play, perhaps other than family law.... I think you are going to have to have a lawyer look over things if they continue to stall
You are correct. I have asked for copy of trustee deeds and requested they reply as to why they are denying and skipping around my words and confirmations I have given. Thanks
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