Codicil?

SIM

My brother went Bankrupt in June 2019. My question relates to my mum's will. She is only 72 and is unlikely to be going anywhere soon however her Will currently names both myself and brother as beneficiaries (of a very small estate).

If she were to pass away before my brother is discharged, would the OR take any money to pay for BR debts?

If so, should she amend her will so that he is no longer named as a beneficiary?

After discharge, could she then amend it back to the previous will?

What's the best/most cost effective way to do this?

Any advice would be greatly appreciated!!!

Dox

SIM wrote: »

My brother went Bankrupt in June 2019. My question relates to my mum's will. She is only 72 and is unlikely to be going anywhere soon I do very much hope you are right, but death has a sneaky habit of happening even when not expected...however her Will currently names both myself and brother as beneficiaries (of a very small estate).

If she were to pass away before my brother is discharged, would the OR take any money to pay for BR debts? Yes, if he inherits before he is discharged

If so, should she amend her will so that he is no longer named as a beneficiary? Rather depends if he wants to pay off his debts

After discharge, could she then amend it back to the previous will? Better to make a new will - codicils can get quite messy, which is why they have rather fallen out of favour. She does, of course, need to be of sound mind to make a new will (or execute a codicil, if that is her preferred route)

What's the best/most cost effective way to do this?

Best way is always to use a solicitor, preferably STEP registered: https://www.step.org/about-us

TBagpuss

Dox is correct
If your mum were to die while your brother was still a bankrupt, he would have to declare his inheritance and it would be used to pay his debts.

Your mum could chose to make a will which doesn't include him, and she is free to amend it again in future if she wants

However, she may want to consider simply leaving her estate to her children equally, knowing that if anything happens to her in the near future, she will have helped him to clear the debts, which presumably hewould want to do if it were possible.

Keep_pedalling

The danger of doing this would be that she may never get round to making the change, or may no longer be capable of doing it, in which case your brother will be dependant on your good will to make a variation.

relaxtwotribes

SIM wrote: »

If she were to pass away before my brother is discharged, would the OR take any money to pay for BR debts?

What would be wrong with that? The effect would simply be that your brother had spent his inheritance before your mother died.