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Best ways of checking for bankruptcy

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Comments

  • poseidon1
    poseidon1 Posts: 3,189 Forumite
    1,000 Posts Second Anniversary Name Dropper

    It is at date of intended distribution.

    Conducting an insolvency check at date of death which maybe long before an estate distribution would be pointless. Certainly the executors could place no reliance on the result of that check when subsequently distributing the estate which could be many months if not years after the testator 's death. Clearly a lot could happen over that passage of time.

  • Reed_Richards
    Reed_Richards Posts: 5,769 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper

    Is the insolvency status at the date if death the important date, or at the date of distribution?

    According to this https://rochelegal.co.uk/news-insights/why-bankruptcy-might-stop-you-receiving-an-inheritance/ it is at any time between the two dates

    It’s important to note that bankruptcy would only affect a beneficiary’s ability to inherit if they were under a bankruptcy order when the testator (a person who has written a Will) dies, or if they were declared bankrupt in the period between the testator dying and their estate being finalised.

    I have no knowledge whatsoever is this statement is legally correct but it makes sense to me, Otherwise someone who is bankrupt could put pressure on an executor to delay distribution until their bankruptcy was dicharged.

    Reed
  • Keep_pedalling
    Keep_pedalling Posts: 23,170 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    My understanding is that it is the date of death that is important otherwise the administrator could simply run down the clock to delay distribution. Debt Camel also states that it is the date of death that determines if the inheritance can be taken to pay your debts or not.

    https://debtcamel.co.uk/inherit-dmp-dro-iva-bankruptcy/

  • Reed_Richards
    Reed_Richards Posts: 5,769 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper

    Again with no legal knowledge, surely when you are made bankrupt then any money owed to you or which becomes owed to you should go to the trustees? As soon as someone dies, any inheritance is effectively owed to you so you could be bankrupt at the date of death or later become bankrupt before the date of distribution and that money should go to the trustees, by my reasoning.

    Reed
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