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More Questions - sorry!!!

Can anyone point me in the right direction please about what you are allowed to claim for under expenses and a guide for allowances for a couple. Also with inheritance. If you are discharged from the bankruptcy but then inherit (and the person passed away after your were discharged) can the OR claim your inheritance if the person who passed away made their Will before you went bankrupt. I am reading conflicting info about this as some say no it's fine as long as you are discharged but other places are saying they can still claim it 10 years down the line if the Will was made before you went bankrupt or even thought of going bankrupt. Just wondering because you wouldn't always know if a family member or friend etc had named you in their Will. And regarding producing bank statements. I don't keep these (but have started doing so now), but each month I leave enough money in for my Direct Debits but then take the rest of my wages out and live off cash for a lot of things, as I get paranoid i could go unofficially overdrawn if I keep using debit card (i don't have an overdraft as it's a basic account). (We aren't talking thousands a month as I don't earn that much) But will OR frown on me spending cash and not using my debit card as I can't show what I spend it on really. It's only my wages I spend and I have zero savings and no secret pot hidden anywhere. It just goes on shopping, petrol etc. Thanks.

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    edited 23 September 2014 at 12:59PM
    There are not "allowable" amounts. Just guidelines on typical average spending that the OR can use a reference. http://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch25-36/Chapter31/part7/Annex%20D.htm

    Inheritances can be claimed if the person who passes away does so before your are discharged. If they pass away after you are discharged then the OR/trustee cannot claim it. When and what is in a will is not relevant, as the property only actually devolves on you on the date of their death.

    The OR won't be bothered about how you organise your day to day spending on normal domestic needs.
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  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi likesplants

    Can you recall where you have come across this info suggesting that the date of a will could be relevant? It's concerning that there might be misleading guidance out there and just goes to show that Googling isn't always a sure-fire thing (other search engines are available).

    Fermi is right - the OR will not want to micro-manage your life when you go bankrupt, so you won't need to go changing your habits or routine unless you want to.

    Finally, even if you haven't kept bank statements, you and/or the OR can request copies from the bank going as far back as six years, so that won't be a problem.

    Regards

    Dennis
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Thanks for the advice. I can't remember where I read the information about the date of the Will I'm afraid. Thanks again for answering my queries.
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