Discharged bankruptcy/death/company pension

LFC_fanatic

Hi.

1st time poster, hope someone can clear up a few things for me. My father in law died recently, he'd been made bankrupt a couple of years or so ago. He lived alone and my wife is his only living relative. Shortly before he died he received a lump sum pension payout from a company pension (HMRC approved) and a few month's worth of monthly payments from the same pension. Can anyone tell me where we stand with the money left in his account now, which was paid in to an account he used only to receive his pension payments. As far as we know the bankruptcy was automatically discharged as it was approx 2 years+ ago, but can the OR still take any of this money? For the record there's less than 5 grand in the account. Also, does the property in his rented home now become the property of the OR? TV, fridge, furniture etc, or are we free to clear the house? We have no paperwork whatsoever on his bankruptcy so we're a bit in the dark on this. Any help would be much appreciated.

silvercar

Was he discharged?

Did he have an IPA?

I would guess that he didn't have an IPA and was discharged if his pension payments were made to him. I'm surprised that the OR didn't take an interest in his pension, but assume that had been dealt with.

Info here that may be of interest, though it dates from 2005.

http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/freedomofinformation/technical/casehelpmanual/D/DeceasedInsolvents.htm

You can search here to see if he is still listed as bankrupt:

http://www.insolvency.gov.uk/eiir/IIRMasterPage.asp

debtinfo

HMRC approved pensions do not vest in the bankruptcy

LFC_fanatic

debtinfo wrote: »

HMRC approved pensions do not vest in the bankruptcy

That's what i'd read, so will we have to prove that the money left in his account came solely from his HMRC approved pension which wasn't an asset in bankruptcy, or does any money left automatically become part of his estate and fair game for the OR?
He was discharged and didn't have an IVA, but just how ruthless is the OR following a death, will they insist on claiming and selling everything from his kettle and fridge to sofa and arm chair?

silvercar

If he was discharged and didn't have an IPA then as far as the official receiver and the revenue is concerned, he was not a bankrupt but a discharged bankrupt with no requirement to inform the OR of anything.