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acm
Junior Member
United Kingdom
274 Posts |
 Posted - 27 November 2009 : 22:47:26
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| Hypothetically speaking. If someone is near the end of their BK and hears by word of mouth that there may be a small inheritance coming their way but they have not been informed in writing by any party whatsoever and have had no verbal conversation with any solicitors either and it would probably be after discharge before anything was put in writing, then would it not be feasible for the said person to put his head in the sand and pretend he is in la la land and keep this knowledge to himself? |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 27 November 2009 : 22:56:31
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It might be, but inheritance is a matter of public record so it's easy enough for the OR to find out.
Definitely not something to be recommended.
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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chester2005
Average Member
United Kingdom
786 Posts |
Posted - 27 November 2009 : 23:12:42
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depending on the amount is it worth worrying about the OR hassling you after discharge and pursuing you for money that was officially his..
i would think that the solicitor dealing with the will was duty bound to inform your OR if he knew about your BR or if he checked...easy enough for him to do..
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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acm
Junior Member
United Kingdom
274 Posts |
Posted - 27 November 2009 : 23:42:24
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| Hi, with respect I think you are missing the point. I will re-phrase the question. If AFTER discharge from BK i was officially notified for the FIRST time by a solicitor that I had come into some money then I assume I have nothing to declare to anyone. |
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chester2005
Average Member
United Kingdom
786 Posts |
Posted - 27 November 2009 : 23:51:55
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it depends when the death was, as that is the time that you inherit anything not when you are told about it.
if the person died whilst you were undischarged then officially it is not yours it is the ORs asset which you waived all rights to during BR when you became BR
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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acm
Junior Member
United Kingdom
274 Posts |
Posted - 28 November 2009 : 00:01:01
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Thanks Chester
That makes things interesting as the person in question died several years ago and there are very distant relatives all around the world which are being contacted. However, I am led to believe the search has nearly ended. As I said before, no one has made contact with me at all. |
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chester2005
Average Member
United Kingdom
786 Posts |
Posted - 28 November 2009 : 00:15:47
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officially then whether you knew about it or not anything coming to you became the ORs when you became BR
if the amount was enough to clear your pre-BR debts and pay the ORs fees then you would get the balance and your BR could be annulled.
realistically.... if you didn't know about it the OR will not know about it and he is unlikely to find out about it unless someone tells him... especially post discharge
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!! |
Edited by - chester2005 on 28 November 2009 12:37:12 |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 28 November 2009 : 10:09:11
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We shouldn't be implying that it's ok to hide something from the OR.
As I said before inheritances are a matter of public record so it would be easy enough for the OR to find out.
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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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 28 November 2009 : 10:12:18
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Personally, if I had enough to do all that and have the BR annulled, I'd prefer to do that so I had nothing hanging over my head in the future.
The glimmer gets brighter all the time
Jan
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 28 November 2009 : 10:26:51
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Same here - if I'd won the lottery I would have definitely paid everything off.
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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chester2005
Average Member
United Kingdom
786 Posts |
Posted - 28 November 2009 : 12:36:49
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i was merely stating the facts as i saw them to be...
However i do not condone the idea of hiding anything from the OR as he has an indefinite period of time in which to overturn and right wrongs that occurred during BR
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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acm
Junior Member
United Kingdom
274 Posts |
Posted - 28 November 2009 : 14:05:42
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| I think I am getting confused again. I thought that if you were out of bankruptcy and you got a windfall big or small then it was yours to keep. I can understand and accept if this all happened during BK but if it was several years ago when the individual died and I was not aware of it then I go through my BK period and then a solicitor contacts me for the first time after I have been discharged and his records show this then frankly I do not see where the issue is. Looks like this one will go round and round. Time to get off the roundabout. Thank you for your advice. |
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debtinfo
forum expert
2826 Posts |
Posted - 28 November 2009 : 14:09:34
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| Hi ACM, The point is this. The date that you inherit is not when you get the money or when you are informed. The date you inherit is the day the person died. Since the date that the person died is before the day of the bankruptcy order then it is an asset in the bankruptcy and must be handed over to the OR |
Edited by - debtinfo on 28 November 2009 14:10:04 |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 28 November 2009 : 14:22:17
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debtinfo is correct.
If the inheritance is from before the BR, then it must be included in it. If the inheritance is after you have been discharged, then the OR cannot claim it.
You should not be burying your head in the sand, the OR can find out and it is better to come clean.
The glimmer gets brighter all the time
Jan
xx |
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chester2005
Average Member
United Kingdom
786 Posts |
Posted - 28 November 2009 : 14:25:08
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there was a case like this in the high court... the person involved was made BR again by the OR after discharge because he inherited a lot of money after discharge but the peron who died had died something like a week before discharge. the man didn't know and was only contacted after discharge.
the OR has an indefinite period of time to claim back anything that was officially his from before BR or before discharge.
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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acm
Junior Member
United Kingdom
274 Posts |
Posted - 28 November 2009 : 14:45:08
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| Ah, now thats clearer, thanks. Didnt want you to think I was trying to avoid or mislead but but for someone to die and family inherit and it all takes place after discharge then he does not have to notify the OR. However someone dies before BR and you are not aware and are legally notified after your discharge then that money goes to OR. Wow. |
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Topic |
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Inheritance
