As an executor I am about to pay a discharged bankrupt however they were still bankrupt when the person died.
Can I pay them on sight of the discharge order or should I be asking for evidence that they notfied the trustee in bankruptcy? and if they didn't and won't what do I do with the money?
If they are discharged - ask for sight of the certificate or the letter they had from the Official Receiver informing them of their discharge (many people do not obtain their certificate due to the cahrge made for it!)and if this is the case there is no need to inform the Official Receiver as they are no longer bankrupt, as such any interest from the will is due to the individual and not the Official Receiver.
Hope this answers your query
Melanie Nicholas 28 years insolvency experience - 23 of which in the Insolvency Service - Insolvency Manager Jones Giles
I thought that if the person died whilst the beneficiary was still BR the money would go to the OR? I seem to remember Melanie Giles posting that on the IVA forum?
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
I think Skippy is saying that if the beneficiary was bankrupt at the time of the other persons death, she is not entitled to the money, it has to go to the receiver.
I am sure she, or one of the other experts will confirm.
Bankrupt Beneficiary
Posted - 19 February 2009 : 11:23:47
