Pension Property

Investment in these types of pension scheme typically give rise to a range of issues including investment structuring, set-up of trust arrangements, asset due diligence and acquisition, asset management, dispute resolution and exit strategies.

Our SIPP property purchase and SSAS Team are experienced in dealing with these issues during the investment lifecycle.

The Team, drawn from our relevant areas of legal practice, has extensive experience acting for SIPP pension property purchase and SSAS administrators as well as beneficiaries of pension schemes on these matters.

In particular, we help in the following areas:

• Property and share sales and purchases
• Property management
• Trust structuring, set-up and administration
• Dispute resolution.

Trusts, trust structuring, set up and administration

• Working with scheme administrators to advise private and professional trustees on their duties, advising in relation to conflicts of interest, rights of beneficiaries, limitation of liability.
• Drafting trusts to direct pension benefits on death, such as spousal bypass trusts or minor/vulnerable adult trusts
• Acting as professional trustees for spousal bypass trusts or trusts for minors or vulnerable adults
• Trust structuring advice
• Assisting trustees in complying with their general regulatory obligations
• Advising trustees on claims against the fund on death
• Specialist trust advice including amending classes of beneficiaries, declarations of trust, assignments of beneficial interests etc
• Advising trustees on their obligations in relation to the investment and management of fund assets

Property sales and purchases

• Providing advice and commentary on heads of terms
• Transaction structuring, consideration of asset suitability
• Financing issues, lending advice and the taking of security over pension assets
• Property sales and purchases
• Advising on loan and security documentation
• Transfers between pension schemes

Asset management

• Negotiation and drafting commercial leases
• Property management, lease assignments and underlettings
• Asset refinancing
• Lease renewals

Corporate advisory

• Advising on pension issues in corporate sales and purchases
• Company secretarial services
• Succession and retirement planning, including family business matter

Disputes

• Commercial and property-related disputes (including neighbour and landlord and tenant disputes)
• Dilapidations claims, forfeiture claims
• Employee pension claims
• Rent recovery
• Contentious lease renewals
• Professional negligence claims against surveyors and IFA’s

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