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JGM
JGM, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 11758
Experience:  30 years as a practising solicitor.
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Our son has applied to the court to be made bankrupt. His

Customer Question

Our son has applied to the court to be made bankrupt. His Insolvency Practitioner has advised him to tell us to make a will to safeguard his inheritance by leaving his share in a Trust Fund. Although we are planning to make a will in the near future, we are feeling under pressure to make this will in just a few days because we have things to sort out ourselves financially. Our question to you is 'Could we write a letter to the court instead of producing a will, and if so how should we word it'?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  JGM replied 1 year ago.
The last thing you want to do is write to the court and say, "we are going to organise our affairs so that our son won't get his inheritance whilst he is bankrupt". Ther is absolutely no reason why you need to or should. At the end of the day, you can leave your estate to whoever you want. There should be no requirement for you to do this so quickly unless you can give me any specific reason that the trustee has suggested. The only disadvantage about delaying is that you might die, your son might inherit via the law of intestate succession and the trustee would claim the inheritance. If you do this in a month or six months time that is perfectly in order assuming you survive. Happy to discuss further. In the meantime please leave a positive rating so that I am credited for my time.
Expert:  JGM replied 1 year ago.
Let me know if I can help you further with this. Can you also remember to leave a positive feedback on the system so that the site credits me for my time. Thanks for using JustAnswer.