Intestacy and property co-ownership with bankruptcy

Trusts Discussion
1

Hi

I wondered whether someone has had a similar situation to my clients. The property was co-owned by deceased and daughter as TiC. Deceased died intestate and her share passes to her 4 children including the co-owner daughter. The siblings do not get along and since the deceased passed in 2023 the co-owner daughter has been made bankrupt and the property has a registered charge with the trustee in bankruptcy.

Three questions -

  1. Since the remaining 3 siblings have not done anything since 2023 could this be deemed as disclaiming their interest under s93 of Inheritance Act 1984
  2. If not, then is there a time limit as such? I understand there is no time limit if the disclaim is not made for consideration.
  3. If there is no time limit, would it be sufficient for a standard deed of disclaimer to be presented to the trustee in bankruptcy.

Any thoughts on the above would be most appreciated.

Taran K

2

What makes you think the property is settled property in the first place?

No one is obliged to apply for a grant of administration. To realise funds due to the non bankrupt siblings would take some trouble on the part of the PRs. Maybe the othe siblings are relying on the creditor to act and force sale before pursuing a grant.