Hi, I have a pension fund and since am over 55 would this be taken into account for a test deed? I also have my own home but there is not much equity in it and would hate to have to sell. I also have guardianship over my mum's affairs since she has dementia would a TD impact on this continuing? Lastly am self-employed and have had to have a Ltd company will i still be able to contuse this and work? Sorry for all the questions......
Hi ba1
No problem - questions are what we are here for. Or actually answers I suppose!
Your pension fund would not be affected by the Trust Deed, assuming you don't choose to draw down a lump sum from it. Pensions are specifically exempt from being conveyed to a trustee in a Trust Deed.
As long as the equity in your home is low then there is no reason why you should have to sell. Your chosen insolvency practitioner would have to get a valuation done prior to you signing up and make an agreement regarding any equity that might be in it. This could mean extending the term slightly, or having a third party "buy out" the trustee's interest - or neither if the equity is sufficiently low.
I seem to remember that a trust Deed is not a problem for a welfare guardianship but can be for a financial guardianship. Is a while since I dealt with a query on that particular issue though so I will need to check my facts and get back to you .
Yes, you should be able to continue to trade through a ltd co, though it may be necessary to amend the articles of association to allow it if they currently say that it is not allowed.
If you are happy to share details of how much debt you have and what you can afford to pay etc then the experts on here would be happy to help assess whether a Trust Deed is likely to be viable for you, or indeed whether you have other options too.
Alternatively you contact me or David by clicking the contact button and we'd be happy to have a chat.