Legal Question in Bankruptcy in United Kingdom

Inheritance after bankruptcy

How much is someone allowed to inherit following bankruptcy before the official receiver or trustee can claim part of the inheritance. In addition, when is a bankrupt free from having part of their inheritance taken away?


Asked on 1/15/08, 7:52 am

3 Answers from Attorneys

Richard Howard Richard Howard & CO

Re: Inheritance after bankruptcy

There are no lower or upper limits on what the Trustee can claim.

The Trustee may make a claim with 42 days of the date the Trustee becomes aware of the inheritance. In justifiable circumstances the court can extend the time but the limits are fairly strict.

The Bankrupt has a statutory duty to notify the Trustee about an inhetiance and a failure to do so is a contempt of court and there heavy penalties for breach.

An inheritance acquired after the date of discharge is not subject to the above provisions.

Read more
Answered on 1/15/08, 8:32 am
Richard Howard Richard Howard & CO

Re: Inheritance after bankruptcy

There are no lower or upper limits on what the Trustee can claim.

The Trustee may make a claim with 42 days of the date the Trustee becomes aware of the inheritance. In justifiable circumstances the court can extend the time but the limits are fairly strict.

The Bankrupt has a statutory duty to notify the Trustee about an inheritance and a failure to do so is a contempt of court and there heavy penalties for breach.

An inheritance acquired after the date of discharge is not subject to the above provisions.

Read more
Answered on 1/15/08, 8:32 am
Richard Howard Richard Howard & CO

Re: Inheritance after bankruptcy

There are no lower or upper limits on what the Trustee can claim.

The Trustee may make a claim with 42 days of the date the Trustee becomes aware of the inheritance. In justifiable circumstances the court can extend the time but the limits are fairly strict.

The Bankrupt has a statutory duty to notify the Trustee about an inheritance and a failure to do so is a contempt of court and there heavy penalties for breach.

An inheritance acquired after the date of discharge is not subject to the above provisions.

Read more
Answered on 1/15/08, 8:32 am


Related Questions & Answers

More Bankruptcy Law questions and answers in United Kingdom