All Things Local - Village Edition - October/November 2021

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BUSINESS PROFESSIONAL Business & &&Professional Professional Business Legal Matters Shacklocks Solicitors Whilst the idea that the someone abroad The difficulty is that CETV travelling for one scheme

Legal Matters: Matters: Legal

In each edition legal from Breakdown ofThe aadvisors Marriage Trusts Shacklocks dealIn with important E-Scooters News legal

or Civil Partnership: Dividing the Pensions

topics. This month Marion Vesey

Cassandra Worton, Partner with Shacklocks Electric Scooters been (pictured) invites(e-scooters) us to thinkhave about LLP and aamember ofthat the Society of Trust and making decision will benefit in the news quite a lot recently. On 10th Estate explains some of the futurePractitioners, generations. August, a 19-year-old man was arrested in mystery behind Trusts.

our neighbouring city of Nottingham. Making Will is a serious business. It is aThe When aamarriage or a civil partnership time which gives many people cause to individual collided with a five-year-old girl, Trusts are a very well established part of English breaks down, consideration needs to be be stopbut and about how they want to causing athink serious leg injury and head law, are generally not available in amany given to how the assets ofare thethey, union remembered when they are gone. European countries. what and are to wound whilst ridingSo his e-scooter. be divided. Assets can include the home, how did they come about? Many people attracted by the idea ofalso savings, cars and other valuables but So, what are are the rules surrounding the use doing something to help others less Put as simply as possible, a Trust will arise where a of e-scooters? pensions. fortunate than themselves after they pass

person transfers property assets into the name E-scooters are defined as or ‘powered away, if their family aretransporters’. of theirparticularly chosen Trustees, forthe the Trustees tofor hold Indeed the pensions can be most valuable There’s no specially designed legal regime adequately provided for or for if they have noasset that property orbethose assets certain purposes and care has to exercised in how they are treated powered transporters, so that e-scooters are close Whilst for some still like of the idea and onfamily. certain terms, the benefit how they are divided. Usually, pensions are covered by pretty much the same lawsspecific and of supporting major national charities, there persons orinathat group of people. dealt with one of the following ways: regulations apply to motor vehicles. are many who prefer toallbenefit more local causes or causes close to their heart, possibly 1. Pension sharing. This is we where To better understand Trusts canone takepension a look is You are ofcreate course legally allowed toinvolvement buy and own where haveessentially had personal divided to two pensions, afirst reduced back to they the times of theaCrusades. Trusts an e-scooter of your own in the UK; however, it is or received support during their lifetime. pension for the member of the pension scheme began to take shape in medieval England when and illegal to operate privately-owned e-scooter on a newwere pension for athe other person. men travelling abroad to join the Crusades. Something that our team will with the public including pavements and cycle 2. Pension attachment. This is discuss where court They wouldhighway transfer their property to a atrusted clientsfor this situation is the idea makes an order directing that some ofof the pension lanes. Ainpersonal e-scooter can only besetting legally friend them to look after, manage and protect up their own trust which payable one charitable person is paid to used onto private land. until their return, which may notthe beother. forcan many 3. Offsetting. This is where the pensions arefriend left continue to provide support for charitable years. The moral obligation imposed on the untouched but the share of long other assets are adjusted causes their choosing after they have Recently the Government hasa been trialling the is one ofofthe earliest forms of Trust, which over to take into account the value ofown pensions. passed away. Creating your charity use of ‘hop-on hop-off’ that youlegal can the centuries has becomee-scooters embedded in our means that your trustees can provide system. use legally. Derby has also been chosen as one Before you think about dealing pensions support toeven those who need helpiswith most. of the cities for trial. The vehicle often available you need tobe know their value. The starting point There canforward a great sense of satisfaction in is Ifto we fast to the present day, the reasons rent the public use.Equivalent You may Transfer have often thefor provision oftrustees atoCash knowing that your will carry out to use(“CETV”). a Trust are This broadly the same as in medieval seen dotted around the pavements inin Value togone be provided your these wishes after youneeds have that England; there are different types ofand Trusts and all cases. Whilst the CETV is important, further Nottingham, where the local authority has your name willdifferent be associated such good there are their many types ofwith situations information is often needed in terms of benefit heralded success. deedsmay evencreate youfull areterms no longer around. which Trusts may set up in a statements soafter that Trusts. the of thebe pension lifetime, or through a Will following death. Trusts can be considered. But what are the rules for using them? Here At Shacklocks we have setinup a number ofare a may provide circumstances which beneficiaries few of the most important factors to consider: charitable trusts over the 150 years or so we It is important to understand theto difference will become absolutely entitled the Trustbetween Fund, have in business and we look after different pension types. Some pensions arefor pots of or theybeen may provide flexibility by still allowing Licensing those trusts today. One of the charitable money which canexercised sometimes converted discretion to be as be to who shouldinto cash You must full orfor provisional licence ride trusts we look example, was (subject tohave tax). aafter, Other pensions simply give to a person benefit. established by a will in the 1940’s tocities, provide one of the scooters. In some for the right to hop-on receive an income from a particular date accommodation until their death. for elderly residents.

may theircompletely property indifferent Trust be managed mightleave produce pension example, London, you must alsoto complete an benefits to the CETV another scheme. You whilst they arebefore away isinyou still veryoperate useful today, online course can the 70 years later the trust is still might share a particular pension equally but the and Trusts mayapp. be used closer to home to protect e-scooter providing that accommodation. reality inproperty terms of what you might each receive in manage or money in other circumstances your pocket could be significantly different. Thein too. For example, a parent may set up a Trust Insurance Requirements Another of the wetheir look courtlifetime is generally concerned about their or trusts through Will the for aeffect child,ofor E-scooter riders must have motor insurance. after set upor by a client a pension sharing order, especially when people for anwas adult son daughter who is not able to For who wanted to help people might have been together for athis long time. the hop-on scheme scooters will usually manage their own affairs perhaps because of be with particular provided bymental themedical e-scooter example, disability or capacityoperator, issues. A for married Thelocal CETV provided by pension conditions. Her kindness has the Council. person may provide in atheir Will scheme for their surviving might nother be trustees a true representation of the value enabled to provide spouse to have a life interest their halfsome of the of that pension. In some cases,inespecially financial support to a gifted Safety First family home thereby protecting that half the public sector pensions, the providedaof can young musician who hasCETV experienced Although not a legal requirement, it of goes home for the next generation. A Trust may be significantly understate the true worth a pension. number of health that have interfered without saying youissues should always wear a cycling used where someone receives damages as a result with her and education, toclinical enable that child to of a personal injurylight-coloured or negligence claim. helmet, wear orpension fluorescent There are obviously many different be educated inset the most appropriate A couple may up a Trust to keep their family clothing when operating an e-scooter so that schemes in existence. Each will probably be you environment. assets in the bloodline of changes in family different toto the is case very important that you are visible allnext. otherItin road users. An e-scooter and marital arrangements which may take the be receive theberight advice andpavement that the true value must not used on the and must Aassets Charitable Trust can be set up either of the oratsomeone withmust a of eachout pension understood and shared fairly. operated by oneisfamily, person a time. You not during lifetime with Often ityour ismobile necessary to involve other experts, second family mayphone set up asavings Trust toand make special use your when using the e-scooter investments built up already, or alternatively forwell example pension actuaries, who will produce arrangements for their two families. A person as asa ensuring equipment suchthat as Satellite through specially prepared Will will in comprehensive reports to assist in the division of with Charitable intentions may set upembarking a Trust Navigation products are set before only take effect following your death and pension assets. The information given above is on their lifetime or on death for the benefit of those your journey. Youdeprive must not tow anything with will therefore not you capital or necessarily general and cannot beofrelied in the who they particularly wish to help in theupon future, e-scooter. income during your lifetime. any particular case. and by doing so leave a lasting legacy: many of the charities we see now may have been set up in this Our team atare Shacklocks have a particular At Shacklocks LLP we are committed to E-scooters of not without controversy. way. These are allcourse types of Trust. helping you to understand the true worth speciality in preparing arrangements of this The ‘hop-on hop-off’ e-scooters are often left of pensions and to helpacross receive a fairby kind and also ofstrewn acting asyou professional abandoned and pavements Shacklocks LLP have been dealing with Trusts financial which meet your trustees tosettlement enable wishes towill be fulfilled and their users which,though invariably, causes difficulties for for many years, not quite as far back needs. Shacklocks LLP family law team instructions to followed. others using thebehighway, namely pedestrians. As as the Crusades! If you would like to know are currently offering all new clients an ainitial result, there has been a rise in people suffering more about Trusts and how they may be of freethinking half hour To Ifhelp you in are of appointment. supporting charities significant injuries. your circumstances contact Cassandra find out more, contact Ben your Stubbins and through your Will or during lifetime Worton or Farmeror atemail Shacklocks his team onRichard 01773 822333 with a lump sum, why not talk to us about LLP onhave 01773 822333 or 01623 or There been instances where 626141 individuals bens@shacklocks.co.uk. the different ways in which we can helporyou email cassandraw@shacklocks.co.uk have been operating an e-scooter whilst being benefit those good causes, and how to make richardf@shacklocks.co.uk. under theofinfluence of drugs alcoholafor which the most the tax rules thatorenable users can be prosecuted under the law. These charitable cause to benefit.

regulations also apply when operating individually owned you have beenhow involved Call us ate-scooters. ShacklocksIfto talk about we in an accident involving an e-scooter then you can help you to help your favourite localmay need specialist personal injury advice. To find out how causes. we can help you, please contact us at one of our offices: Allestree Telephone Shacklocks on on 01332 559281, Ben four Stubbins 0845 602 email me at on 01773 Belper on2344 01773or822333, Ripley marionv@shacklocks.co.uk. 743513, or Mansfield on 01623 626141. Cassandra Worton

[knowledge+application] www.shacklocks.co.uk

68 72 8

To advertise advertise contact contact Ruth: Ruth: T: T: 01332 01332 883140 883140 M: M: 07545 07545 261034 261034 E: E: ruth@allthingslocal.co.uk ruth@allthingslocal.co.uk To


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All Things Local - Village Edition - October/November 2021 by Karyn - Issuu