Why conduct a bankruptcy search?

Philip Turvey explains why it is important to find out whether the court has issued a bankruptcy order against a beneficiary.

The Law Society advises personal representatives to conduct a bankruptcy search against the name of each beneficiary before distributing an estate.

To quote from the practice note in question: “Personal representatives who make a distribution out of the estate of a deceased person to a bankrupt beneficiary may be making the distribution to the wrong person.”

The note goes on to point out that in cases where the bankrupt puts the assets beyond the reach of the trustee in bankruptcy, “there is a real risk that the trustee in bankruptcy, on behalf of the bankrupt’s creditors, will claim compensation against the personal representatives.”

Why choose Anglia Research?

In the UK, checking the status of a bankrupt person is fairly straightforward and in cases where there are only a few heirs an administering solicitor or personal representative may wish to conduct the search themselves, using the UK government bankruptcy and insolvency register.

However, many estates are shared between a large number of beneficiaries and then you may wish to delegate the task to us.

 

Where beneficiaries are resident overseas, things become much more complicated, and this is where our experience really pays off.

 

Having conducted international bankruptcy searches for many years, we have a vast practical knowledge of what is involved. Each jurisdiction has its own rules and terminology, and stores bankruptcy records in different ways – some much less accessible than others.

Simply contact us with the name, date of birth and address of the subject of the search, and we will advise you of any potential problems and provide you with a quotation.

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Why have we contacted you?

If we have contacted you it is because we believe you are entitled to a share of an inheritance. You may wish to take legal advice, but do get back to us as soon as you can.

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Why choose Anglia Research?

Our accredited genealogists offer accessible, transparent, and confidential services that are regulated by the Professional Paralegal Register.

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