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Richard P
Senior Member
United Kingdom
1701 Posts |
 Posted - 26 November 2009 : 15:56:58
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Hi all
can anyone help with act and section to look at to get official response
3rd party friend had herself removed from her parents Will prior to BR , fortuantly nothing happens to the parents during the BR period. They are still alive and long may they be so
when 3rd Party is discharged from BR (about 5 months later) her parents wish to re instate her as part of the family will.
The family solicitor wont allow the parents to change the will again as 3rd party friend may still be chased by official receiver.
3rd party friend is absolute discharge without any hang over.
have read postings and agree that once BR is discharged it means that the OR has finished with investigation and has no future claim on the BR estate
have tried to reason with solicitor but ....... please could someone provide link to correct web site and section so that 3rd party can show solicitor.
thank you in advance Richard |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 26 November 2009 : 16:01:45
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If the parents die after the 3rd party has been discharged the OR has no claim on the inheritance as far as I'm aware.
I also don't understand what it's got to do with the solicitor who the parents leave their money to!
Sorry I can't help with acts and sections, but hopefully someone with more knowledge will be along shortly.
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
28 IPA payments made, 8 to go - in single figures! |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 26 November 2009 : 16:38:13
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Hi Richard P,
This may assist - in particular the last para:-
Inheritance during Bankruptcy
If a bankrupt person inherits during bankruptcy, that inheritance will be seized for the benefit of creditors. It is therefore vital that anyone who feels there is a chance of this happening, should take the appropriate steps to have that Will changed.
In a similar vein, any lottery winnings, for example, would be seized by the Official Receiver/Trustee in Bankruptcy.
If, of course, the inheritance/win was in excess of the debts and costs of the bankruptcy, then the balance would be returned to the debtor who could then apply to have his/her bankruptcy annulled.
Any inheritance/windfall after discharge does not vest in the Official Receiver/Trustee in Bankruptcy and may be kept by the discharged bankrupt person.
I hope this wil assist - I would find another solicitor!!
Regards, Richard
"There are no problems - only solutions..." |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 26 November 2009 : 16:45:54
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I agree with the last line Richard - it's down to them who they leave their money to. If they want to leave their money to the cat's home it's their business and not their solicitors!
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
28 IPA payments made, 8 to go - in single figures! |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 26 November 2009 : 16:46:47
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Thank you housing and Skippy
i would like to agree and say find a new solicitor but old tie and family friend dont you know, been practising for many years my boy.
wont listen to anything or anyone unless it has an act and subsection !
Housing where did you obtain formal response from |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 26 November 2009 : 17:00:27
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Hi again Richard
I found that particular passage on:-
http://www.bankruptcyadvisoryservice.co.uk/fact-file.php
Without being clever (I am not particularly) I studied law as a post graduate - some time ago and in my more positive moments, some of the knowledge comes back to me...
I have to say the subject on will, trusts and the like was amongst the hardest aspect of English Law - give me some landlord and tenant law or even criminal and I am like a dog with a bone!!
I did not take my law society finals so will never know if I would make a good lawyer - too late now and BR so that adds a problem...
I did our own wills and my mother in laws and my mothers - it is not that difficlt really... However, may be best to have it done by a lawyer for the avoidance of any doubt!
I know what the old school tie means - I went to a Polytechnic to do my first degree and then to an ex Poly to do my law studies - boy oh boy a profession that is full of snobbery and arrogance... hey ho, that makes me feel better!!
Have a great evening, Richard
"There are no problems - only solutions..." |
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chester2005
Average Member
United Kingdom
786 Posts |
Posted - 27 November 2009 : 02:14:21
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This highlights the shortfall of the legal professionals that do not generally have much to do with BR
after discharge you can come into any inheritance without problem or win the lottery..
regardless of whether you have an IPA or BRO once discharged the money is yours.
change solicitors and realistically BR does not have to mentioned
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurman)
RevivaUK helped me through it all i can't recommend them enough!! |
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wills and BR
