I am currently confronted by what appears to be an intractable problem, in that I am acting to wind up the estate of a man who died leaving a son aged approximately 15 at the time of his death.
The son is due to benefit from two death-in-service benefits but we were informed by each of the companies that the funds concerned must be paid out within two years of the death and they must be paid out to a trustee bank account set up for that purpose.
We have created a trust which is acceptable to them but we find that all banks appear to have taken fright at the new Inland Revenue regulations relating to trust accounts. Without exception, so far, we have been unable to find a bank or other suitable organisation willing to open a trust account.
The writer recently attended a lecture where the lecturer mentioned that the complexities of setting up trusts will be such that it will be reasonable for solicitors to charge around £5,000 for the work involved. We assume that there will be similar obligations on banks and can well understand them refusing to create fresh trust accounts. We are told that the death-in-service benefit will be lost if we are unable to nominate a bank account to receive the funds before two years from the date of death has expired. What should we do?
AN Law, Warrington, Cheshire