Bankruptcy & wills

jubbly55

Hi, can someone help me myself and my two siblings are executors and beneficiaries of my fathers will, however my brother had not been discharged from being a bankrupt when he died. We know we have to send his share to the OR is there any legal way he can stop us and would we need him to sign off the accounts prior to winding up the estate. We are almost ready to do this and we are coming under pressure from the OR to send the funds.

TBagpuss

I don'tthink that the OR would have to sign of on the accounts.

there are two separate transactions. Your brother, as executor, has to approve the accounts.

Your brother, under the terms of his bankruptcy, has to keep the OR informed of his financial position.

So I think the process would be that you and your brother, in your capacity as executors, sign off the accounts. Obviously, as executors you have a legal duty to ensure that the accounts are accurate.

You then send your brother's share to his OR as required by the terms of the bankruptcy