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Annulment
Brainrugger
Posts: 14 Forumite
Hi everyone
Having previously posted about my future inheritance due to my Mother’s sudden death I contacted the OR regarding how I was now to proceed. They informed me that I have to apply for an annulment through the court but they were not able to help me with this process and that I should take legal advice. They would however require payment of fees totalling £7990. They also want a copy of my mother’s will if available which I am reluctant to do as I wouldn’t be requesting an annulment if the inheritance wasn’t sufficientt and have advised them that the repayment will comes from the sale of my mother’s home. How do I go about obtaining the amounts due to the various creditors? Must I pay a Solicitor for this or do I contact the creditors directly and how do I check that the amount they will claim is correct?
Having previously posted about my future inheritance due to my Mother’s sudden death I contacted the OR regarding how I was now to proceed. They informed me that I have to apply for an annulment through the court but they were not able to help me with this process and that I should take legal advice. They would however require payment of fees totalling £7990. They also want a copy of my mother’s will if available which I am reluctant to do as I wouldn’t be requesting an annulment if the inheritance wasn’t sufficientt and have advised them that the repayment will comes from the sale of my mother’s home. How do I go about obtaining the amounts due to the various creditors? Must I pay a Solicitor for this or do I contact the creditors directly and how do I check that the amount they will claim is correct?
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Comments
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Brainrugger wrote: ».... They also want a copy of my mother’s will if available which I am reluctant to do as I wouldn’t be requesting an annulment if the inheritance wasn’t sufficient and have advised them that the repayment will comes from the sale of my mother’s home. ....
If Probate is needed after your death, the Will that you have in place at the time of your death will become a public document and anyone can apply for a copy.
https://www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2017/does-a-will-become-public-after-death/0 -
How do I go about obtaining the amounts due to the various creditors? Must I pay a Solicitor for this or do I contact the creditors directly and how do I check that the amount they will claim is correct?
I would have thought that those debts are no longer yours and are in the hands of the OR. To get the bankruptcy annulled, the OR would give you a figure that would include all debts and their charges. This may well need to be stamped by the court in the same way that the original bankruptcy was at a court.They also want a copy of my mother’s will if available which I am reluctant to do as I wouldn’t be requesting an annulment if the inheritance wasn’t sufficient...
While you are still bankrupt, you are obliged to report any change in circumstances to the OR. An inheritance is a change in circumstance, so I would think you are obliged to provide the information. It isn't about there being sufficient to annul the bankruptcy, it is also potentially about the OR taking your inheritance to pay creditors.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
How far away from discharge are you?0
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My discharge would be 9 May 20190
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When is your inheritance going to land?0
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Skintnorthernmonkey wrote: »How far away from discharge are you?Skintnorthernmonkey wrote: »When is your inheritance going to land?
It is the date of death that is significant.
https://debtcamel.co.uk/inherit-money-bankrupt/I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Inheritance will be paid when mums house sold. An indeterminate date!0
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It depends on when will that house be sold, you need to look for a potential buyer or seek help from a real estate agent.0
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