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Bankruptcy and Inheritance

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I went BR in 2009 when I was very young and foolish. I have managed to rebuild my life since then and got myself on a good track.
My dad died intestate in 2016 and following this my mum decided to make a Will in 2019. She has now sadly passed away.
I am currenlty dealing with the estate and have a solicitor helping. They have snet me some forms and the first question is "Ar eyou now or have you ever been bankrupt"
It then says thatthey will complete an electronic bankruptcy search and if any results matching my name are found, I will be asked to complete a bankruptcy declaration form.
It's been 13 years. Why does this have to continue to haunt me?

I have looked online and I do not appear on the insolvency register and as far as I can remember, I was removed from it after 15 months(?) I believe its 12 months discharge and 3 months later you're off the records except the London gazette if I am correct?
No creditors from that long ago chase me and I have no issues obtaining credit if I need it these days.

Does this have any effect on me?
From what I can find if the person has made a will and/or passed away after you're discharged, the inheritance/estate does not form part of your assets under insolvency rules as the liabilities have been written off and haven't had any chasing for over 6 years.Your inheritance exists only because a person has died and before that time it was not money that you had any right or entitlement to. If the person died after you were discharged then the Official Receiver (OR) has no rights to money, assets or property that you come into after discharge from bankruptcy.Ultimately, the period in which it is the duty of the bankrupt to notify the trustee of any after-acquired property begins with the date of the bankruptcy order and ends with the date of discharge.

is this right?

Comments

  • TripleH
    TripleH Posts: 3,188 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Answer yes because that is the safest outcome (you could have issues if you do lie).
    However (happy to be corrected), my understanding is that once discharged, this should not impact on you. You should be fine to receive your inheritance without deductions but you should declare it.
    I suspect the forms are a catch all scenario and nothing to worry about.
    May you find your sister soon Helli.
    Sleep well.
  • sourcrates
    sourcrates Posts: 31,643 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    SJE89 said:
    I went BR in 2009 when I was very young and foolish. I have managed to rebuild my life since then and got myself on a good track.
    My dad died intestate in 2016 and following this my mum decided to make a Will in 2019. She has now sadly passed away.
    I am currenlty dealing with the estate and have a solicitor helping. They have snet me some forms and the first question is "Ar eyou now or have you ever been bankrupt"
    It then says thatthey will complete an electronic bankruptcy search and if any results matching my name are found, I will be asked to complete a bankruptcy declaration form.
    It's been 13 years. Why does this have to continue to haunt me?

    I have looked online and I do not appear on the insolvency register and as far as I can remember, I was removed from it after 15 months(?) I believe its 12 months discharge and 3 months later you're off the records except the London gazette if I am correct?
    No creditors from that long ago chase me and I have no issues obtaining credit if I need it these days.

    Does this have any effect on me?
    From what I can find if the person has made a will and/or passed away after you're discharged, the inheritance/estate does not form part of your assets under insolvency rules as the liabilities have been written off and haven't had any chasing for over 6 years.Your inheritance exists only because a person has died and before that time it was not money that you had any right or entitlement to. If the person died after you were discharged then the Official Receiver (OR) has no rights to money, assets or property that you come into after discharge from bankruptcy.Ultimately, the period in which it is the duty of the bankrupt to notify the trustee of any after-acquired property begins with the date of the bankruptcy order and ends with the date of discharge.

    is this right?
    "Your inheritance exists only because a person has died and before that time it was not money that you had any right or entitlement to. If the person died after you were discharged from bankruptcy, then the Official Receiver (OR) has no rights to money, assets or property that you come into after discharge from bankruptcy".

    The quote above is correct, you must answer YES, but you have no liability whatsoever.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Minkym00
    Minkym00 Posts: 791 Forumite
    Sixth Anniversary 500 Posts Name Dropper
    The reason for asking is in case you were never discharged. This happens if a bankrupt doesn’t co-operate with the OR. Obviously you did, and were discharged, so you have nothing to worry about. 
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