TAS Removing Beneficiary from Deceased Estate?

Discussion in 'Debt and Bankruptcy Law Forum' started by Karen Wiki, 26 March 2018.

  1. Karen Wiki

    Karen Wiki Member

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    Hi. Is there a way that I can have my bankrupt sister removed as a beneficiary from my mother's deceased estate?

    My mother propped her up financially while she was alive, and I don't see why she should be paying off her bankruptcy in death too.

    Please help as I am desperate.
     
  2. Phanelope

    Phanelope Well-Known Member

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    I had a friend who went bankrupt. Her parents changed their will so that the money went to their grandkids (my friend's kids) instead, and they will change it back if/when they are no longer bankrupt. But of course that needs to be done while they are still alive. Now I don't think there is much you can do. But maybe having the debts paid off will give your sister a fresh start?
     
  3. Rob Legat - SBPL

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    You do need to realise that your mother's will was your mother's wishes - not yours.
     
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  4. Tim W

    Tim W Lawyer
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    Not a whole lot you can do here.

    Typically, inheritance received by a bankrupt can be taken up by the Trustee In Bankruptcy
    and used to help settle the debts.

    Attempts to conceal assets inherited by a bankrupt (sometimes called "after-acquired assets"),
    can be unlawful for the executor, and the bankrupt both.
     
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