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TDA (Debt Adviser)
(@tda-debt-adviser)
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Joined: 16 years ago
Posts: 13594
 

I'm not sure what this would be about NicolaW.

Could you find out which law is being referred to and let us know?

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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

Sounds like nonsense to me. The will may have been made back in 1985, but until the property actually transfers ownership then as I understand it it is what is technically called a "non-vested contingent interest". In other words, it doesn't "vest" in a trustee in a bankruptcy (or convey to a trustee in a Protected Trust Deed) unless the person dies prior to the debtor's discharge.

So as long as your mother-in-law was discharged prior to her mother dying then the trustee should not have any claim over it.

I believe the Accountant in Bankruptcy lost a case in court recently whereby they sought to gather in a life insurance payout when someone's spouse died just after that person had been discharged from a bankruptcy. The Sheriff ruled that a life insurance policy was a non-vested contingent interest and would only be able to be gathered in by the Trustee if the spouse had died prior to the debtor's discharge. I don't see how this is any different.

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