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After acquired property
strimmerman
Posts: 130 Forumite
Hi,
Technical question.
You are declared bankrupt within the 12 month period your father dies leaving no will therefore intestate.
You start to deal with the estate and consult a solicitor. At this point it is not set in law that you are to be the only beneficiary so you do not inform the OR as yet. While the formalities of applying for letters of administration is occurring the original petitioner for the bankruptcy order "suspects" you will a beneficiary and contacts the OR. The OR does nothing. Once all is in order with the solicitor dealing with the probate the solicitor contacts the OR to advise them you are to benefit from the estate, who then sends the after acquired property claim letter to you. However this is sent after the 42 day period they have to claim after acquired property once they become aware, as the OR failed to act when contacted by the original petition detailing their suspicions of the fact you will acquire property.
The question is can you argue the OR is outside the 42 day period and bus the claim is now invalid and if so who would you get to deal with this lawyer wise....the solicitor dealing with the estate is not a bankruptcy expert.
Many thanks for any responses.
Technical question.
You are declared bankrupt within the 12 month period your father dies leaving no will therefore intestate.
You start to deal with the estate and consult a solicitor. At this point it is not set in law that you are to be the only beneficiary so you do not inform the OR as yet. While the formalities of applying for letters of administration is occurring the original petitioner for the bankruptcy order "suspects" you will a beneficiary and contacts the OR. The OR does nothing. Once all is in order with the solicitor dealing with the probate the solicitor contacts the OR to advise them you are to benefit from the estate, who then sends the after acquired property claim letter to you. However this is sent after the 42 day period they have to claim after acquired property once they become aware, as the OR failed to act when contacted by the original petition detailing their suspicions of the fact you will acquire property.
The question is can you argue the OR is outside the 42 day period and bus the claim is now invalid and if so who would you get to deal with this lawyer wise....the solicitor dealing with the estate is not a bankruptcy expert.
Many thanks for any responses.
0
Comments
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Hi admin,
Sorry post in wrong place have reported on bankruptcy forum can you remove if you need to.
Sorry clicked the wrong button0
This discussion has been closed.
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