The recent economic downturn has added to the responsibilities when administering a person’s estate after they have died, as now more often beneficiaries are subject to bankruptcy or insolvency proceedings. It is therefore important for Executors and Administrators to be mindful of the implications this may have when distributing assets.

Where a beneficiary is bankrupt, the trustee in bankruptcy may have a legal right to receive the assets representing the beneficiaries’ entitlement under the deceased’s Will or intestacy. If the Executors and Administrators are unaware of the position and distribute the estate assets to the wrong party, there is a risk that the trustee in bankruptcy, acting on behalf of the beneficiaries’ creditors, will pursue a claim for compensation against the Executors or Administrators personally.

Richard Neea, Senior Solicitor in the Wills, Tax and Probate Team at Enoch Evans LLP comments, “It is now becoming much more common for beneficiaries to be subject to bankruptcy or other insolvency measures.   It is therefore extremely important that Executors and Administrators protect themselves against potential action by the relevant authorities.   We at Enoch Evans LLP make sure extensive checks are carried out during the administration process to ensure that beneficiaries are not subject to such restrictions, or if they are that the appropriate action is taken”.

The Wills, Tax and Probate Team at Enoch Evans LLP has been providing advice to the Walsall community for over 127 years.  All members of the Team have extensive expertise and a depth of knowledge, as well as official “Solicitors for the Elderly” status and the Department Partner is a Panel Deputy for the Office of the Public Guardian.

Please contact Susan Comrie, Richard Neea or Patricia Venables at Enoch Evans LLP on 01922 720333, or visit the firm’s web site at www.enochevans.co.uk for more information. Home visits are also available.

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