A member asked about 9 years ago

Settlement for deceased estate

Is a person entitled to receive a settlement from a deceased estate if they are bankrupt?

Jared Pereira
Principal Solicitor at Pivot Business Lawyers

Hi


If you receive a settlement under a will while you are still a bankrupt, the settlement vests in the trustee in bankruptcy, and you will not be able to deal with the proceeds.


For general information as to the classes of asset that may or may not fall under the purview of the trustee in bankruptcy, have a look at this AFSA table:https://www.afsa.gov.au/debtors/bankruptcy/bankruptcy-overview/asset-table



Answered about 9 years ago   Legal disclaimer

1 member found this useful
Thank

Hire lawyers to solve your legal problem now. Learn more

Other Questions


If you're experiencing any technical problems, please email techsupport@lawadvisor.com.