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UK-Justice
UK-Justice, Barrister
Category: UK Law
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Experience:  Called to the Bar in 2007
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can you refuse an inheritance to avoid it going to creditors

Resolved Question:

A relative of mine has got credit card debts which creditors are calling in and he has lost his job and is in process of losing his house and is looking at bankruptcy. He has just inherited some money but doesn't want to accept the inheritance - because of his situation. he has been advised by a solicitor that he can refuse the inheritance and nominate for it to go to his son and that the creditors would not be able to come to his son for the money - as it was never actually my uncles as he never accepted the inheritance.., Can you confirm that this is the case, as another relative has said that this is not the case and the creditors are entitled to this inheritance (she has not yet had this confirmed by a solicitor however) thanks
Submitted: 3 years ago.
Category: UK Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question. Please remember to click ACCEPT once you get my answer.

Yes I can confirm, no one has to accept inheritance and it can be rejected.

And yes, he can nominate it to go straight to his son - which means it bypasses him and he would be free to go bankrupt without creditors getting their hands on the cash.
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other UK Law Specialists are ready to help you
Customer: replied 3 years ago.

Would he be obiliged to tell the creditors that he was in line for an inheritance?

 

And if so, could they make him accept it?

 

Could they class the fact that he is a named beneficiary of a will as an asset?

 

thanks

Customer: replied 3 years ago.

I notice you are an 'advocate' - if you are an expert in scottish law, i know that it differs to English Law - would your advise still be relevant in England - ditto my last set of questions

 

many thanks

Expert:  UK-Justice replied 3 years ago.
No, if he did not actually get the inheritance he does not need to tell them.

I am English Law.
UK-Justice, Barrister
Category: UK Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other UK Law Specialists are ready to help you

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