Best ways of checking for bankruptcy

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82073773#Comment_82073773

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

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.

Keep_pedalling

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

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.

Philip_P

Majority opinion seems to be date of death.

If I search the IIR now, and the date of death was January, will it tell me if someone was bankrupt in January but no longer is?

Reed_Richards

You are being very thorough in checking for bankrupts; I think you should be equally thorough in finding out which date or date range you need to check.

Jude57

https://forums.moneysavingexpert.com/discussion/comment/82077519#Comment_82077519

No, it's not that detailed. The IIR shows the date of Bankruptcy and any Bankruptcy restrictions imposed on the debtor but doesn't show the date of discharge. My understanding is that when an individual is discharged from Bankruptcy, their name is removed from the publicly-accessible list. You could, of course, contact the Official Receiver for more definitive answers to all your questions on insolvency. I've worked with OR's in the past and found them to be extremely helpful. Contact details are on this page if you scroll down:

https://www.gov.uk/government/publications/contacting-an-official-receiver/contact-information

Philip_P

@Jude. Thanks for your helpful comments.

@Reed. That's what I'm trying to do.

jsh99

https://forums.moneysavingexpert.com/discussion/comment/82077691#Comment_82077691

@jude57

When someone dies do they get removed automatically (I used the tell us once link)

I ask because my father was bankrupt many many years ago (about 25-30). He was left a small amount by an Aunt (about 10-5 years ago) but the solicitor informed him he would get nothing as he was bankrupt. When he passed there was enough in his account for the funeral and about £500 left which I gave to mum. But I cannot see his name on the list.

Boohoo

https://forums.moneysavingexpert.com/discussion/comment/82084490#Comment_82084490

I thought when you are discharged you can get any inheritance.

Your aunt died years after your dad was discharged so I think he should of got the money but an expert on this maybe along later.