Martin Jones: How is a pension treated in the event of bankruptcy?

Pensions and bankruptcy explained

clock • 3 min read

With the current dismal economic backdrop in mind, Martin Jones gives a reminder of how pensions are dealt with if the worst comes to the worst and a client finds themselves on the brink of bankruptcy...

Under current insolvency legislation, workplace and personal pensions are excluded from a bankrupt estate and cannot be claimed by a Trustee in Bankruptcy (TIB). This is on the proviso that the pension scheme is registered with HMRC (the vast majority of pension schemes are), with the state pension also being exempt. Therefore, a TIB cannot simply dip into a client's pension in order to repay their creditors. Exceptions to the rule That's not to say that a TIB does not have any avenues for recourse. If a client has made ‘excessive' contributions into their pension in the period bef...

To continue reading this article...

Join Professional Adviser for free

  • Unlimited access to real-time news, industry insights and market intelligence
  • Stay ahead of the curve with spotlights on emerging trends and technologies
  • Receive breaking news stories straight to your inbox in the daily newsletters
  • Make smart business decisions with the latest developments in regulation, investing retirement and protection
  • Members-only access to the editor’s weekly Friday commentary
  • Be the first to hear about our events and awards programmes

Join

 

Already a Professional Adviser member?

Login

More on Pensions

DB pension advice: Redress liabilities dip below 5% of transfer values

DB pension advice: Redress liabilities dip below 5% of transfer values

First Actuarial found ‘considerable drop’ in financial risk associated with DB redress

Holly Roach
clock 05 February 2025 • 2 min read
Steve Webb: HMRC tax code stance moving in right direction but still work to do

Steve Webb: HMRC tax code stance moving in right direction but still work to do

'HMRC has belatedly accepted that the status quo is unacceptable'

Steve Webb
clock 05 February 2025 • 4 min read
Andrew Goodwin: Politics and pensions - two traps for savers to avoid

Andrew Goodwin: Politics and pensions - two traps for savers to avoid

‘Financial saviour or die-hard meddler?’

Andrew Goodwin
clock 05 February 2025 • 4 min read