TAS Removing Beneficiary from Deceased Estate?

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Karen Wiki

Member
26 March 2018
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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.
 

Phanelope

Well-Known Member
11 February 2018
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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?
 

Rob Legat - SBPL

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16 February 2017
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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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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.