Inheritance and bankruptcy

Time2count

Just a query. A family member is due to receive an inheritance however they've received a letter from the solicitors dealing with the will with a form to sign .
Seems the solicitors did a bankruptcy check and a name match has come up from Feb 2022 so my relative has to declare this isn't them.

It isn't them, only the first name even matches which considering it was 1 of the most popular names for a decade or so in their childhood that's hardly surprising.

My question is though, if it were them would that mean they wouldn't be allowed to inherit? Or would the solicitors have to inform the bankruptcy court so the creditors could have a portion?
I just found that quite surprising.

cymruchris

Time2count said:

Just a query. A family member is due to receive an inheritance however they've received a letter from the solicitors dealing with the will with a form to sign .
Seems the solicitors did a bankruptcy check and a name match has come up from Feb 2022 so my relative has to declare this isn't them.

It isn't them, only the first name even matches which considering it was 1 of the most popular names for a decade or so in their childhood that's hardly surprising.

My question is though, if it were them would that mean they wouldn't be allowed to inherit? Or would the solicitors have to inform the bankruptcy court so the creditors could have a portion?
I just found that quite surprising.

If an inheritance is received during bankrutpcy in England and Wales - it has to be given to the official receiver and is part of the bankrupts affairs - but if it's received after discharge - the now ex-bankrupt can inherit directly as the bankruptcy is 'closed' - there is no further claim on any monies earned or inherited. (I'm not sure if it's the same for Scotland but imagine it is).

Keep_pedalling

No it would not mean that, once they have proved that this is not them to the solicitors, the inheritance can be released to them.

Time2count

cymruchris said:

Time2count said:

Just a query. A family member is due to receive an inheritance however they've received a letter from the solicitors dealing with the will with a form to sign .
Seems the solicitors did a bankruptcy check and a name match has come up from Feb 2022 so my relative has to declare this isn't them.

It isn't them, only the first name even matches which considering it was 1 of the most popular names for a decade or so in their childhood that's hardly surprising.

My question is though, if it were them would that mean they wouldn't be allowed to inherit? Or would the solicitors have to inform the bankruptcy court so the creditors could have a portion?
I just found that quite surprising.

If an inheritance is received during bankrutpcy in England and Wales - it has to be given to the official receiver and is part of the bankrupts affairs - but if it's received after discharge - the now ex-bankrupt can inherit directly as the bankruptcy is 'closed' - there is no further claim on any monies earned or inherited. (I'm not sure if it's the same for Scotland but imagine it is).

Thanks cymruchris, that explains it. Curiosity satisfied 👍