QLD Bankruptcy and inheritance

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Marand85

Member
25 April 2020
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If I was discharged from bankruptcy Jan 2010 and inherited some mone when my motherdied dec 2019 please confirm if I am entitled to receive this thanks andrea
 

Atticus

Well-Known Member
6 February 2019
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I'm fairly sure you should have declared it in 2019 when you became aware of it.... Not 100% sure of the consequences of not doing so but there's a good chance that they are actually entitled to it ..... Hope I'm wrong..... Hopefully someone in the know will come along here & confirm or correct
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
If I was discharged from bankruptcy Jan 2010
Just so I'm clear - did you mean January 2020,
and you just made a typo?
... and inherited some mone when my motherdied dec 2019...
If you didn't inherit until nine-ish years after your discharge,
then typically, you'll get to keep it.

But, if you really meant January 2020...
An inheritance during your bankruptcy
(no matter when the money was actually delivered to you)
is fair game for your creditors, yes.
The thing of postponing delivery of inherited money
to evade having to hand it your creditors... nah.
And I'm pretty sure that concealing it from your Trustee
(and certainly, concealing it from your creditors)
is an offence.

Have a read of this.
And this.
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For advanced players: Sometimes, a testamentary gift can be conditional.
Such as:
"I leave X thousand dollars to my son, but only on the condition
that he is not an undischarged bankrupt, nor the subject of bankruptcy or insolvency proceedings,
at the time of my death."
 
Last edited:

Atticus

Well-Known Member
6 February 2019
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Well spotted @Tim W.... I obviously had a quick read & just saw 2020... Big difference if it is indeed 2010
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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No it is 2010 I was discharged not a typo
OK then.
Obviously, my remarks above are general, talk about the typical case, and
may or may not reflect the unstated ifs, buts, maybes, exceptions and unlesses
of your particular bankruptcy.

You would be well advised to seek the advice of a lawyer and an accountant.
They will be able to give you reliable advice, which will take account
of all the facts and circumstances of your particular case.