QLD Disclaimer of inheritance

[Mary Jane]

Hi there, I am not sure this question has been answered already as I am new to this forum. However I hope I get some answers for my partner.

He lost his business and had to declare bankruptcy almost 2 years ago. With only one year left, his father just recently passed away. They both had never a good relationship and so my partner does not want anything from him.

My question is, is my partner allowed to disclaim any inheritance he might would get although he is bankrupt? Is he legally allowed to do so?

 

[kevin586]

Hi there, I am not sure this question has been answered already as I am new to this forum. However I hope I get some answers for my partner.

He lost his business and had to declare bankruptcy almost 2 years ago. With only one year left, his father just recently passed away. They both had never a good relationship and so my partner does not want anything from him.

My question is, is my partner allowed to disclaim any inheritance he might would get although he is bankrupt? Is he legally allowed to do so?

suggest:
1- resarch redirecting it to a friendly party
2 - create a company with two or more friendly directors, direct the money into the company account. make company rules that all 3 parties to agree before things can be done. get one to disagree with paying the collector because its company money yours.
then again this could be fraud in law so research carefully.

 

[Rob Legat - SBPL]

To be able to disclaim it he would have to have the rights to it in the first case. While he is bankrupt, he doesn’t. The rights in his property vest in the bankruptcy trustee. Trying to deal with the inheritance other than through the trustee may be considered an offence under the Bankruptcy Act.