bankruptcy

[buz0706]

I was made bankrupt in 2007.
I have now been discharged.
My Farther passed away in 2006 his estate is now beeing wound up. If I get any thing from his estate will I be allowed to keep it or not?

[themas]

There is a question on the bankruptcy form (can't recall actual wording) which relates to the expectation of receiving money or other assets. You should probably have answered this to indicate that you might benefit from the estate. Even if you didn't, it can still be treated as an "after acquired asset" by the OR. So the simple answer is that you will very likely not be able to keep it.

You seem unsure whether you will get anything. This depends on whether you are named in the will (or inherit under the intestacy laws if there isn't one), & on the size of estate. Also, it is possible for the provisions of a will to be changed within 2 years after the death by a Deed of Variation so your inheritance - if any - could be directed to someone else in this way. However, you would have to agree to this & it would then almost certainly be looked at by the OR as doing something to put an asset beyond the reach of your creditors - a bankruptcy offence.

[buz0706]

Thanks for your help.
No I am not named in the will but yes I am one of his sons.
The estate should have been split three ways.
My brother is sorting out the will but he has now moved to oz and I do not have any way of contacting him.
All I have is his e-mail add.
I think I am going to have a bit of a game on my hands.
The only way I think I will get his attention is to put a charge on his house in the uk.

[dzug]

If you are not named in the will or otherwise mentioned in it you have no problems - you are not entitled to anything.

In England and Wales at least being a son doesn't mean that you have to be in the will of a parent.