Effect of bankruptcy

When contesting a will if the applicant is bankrupt he still retains a personal right to contest a will pursuant to family provision legislation. If the bankrupt is a beneficiary the provision in the will does vest in the Trustee in Bankruptcy to pay creditors and all property transferred to the beneficiary vests in the Trustee. The same applies if the claimant obtains provision whilst bankrupt but not once he or she has been discharged.


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