Where an heir has been declared bankrupt, may inheritance creditors and legatees still claim the full amount of their claims against the bankruptcy estate, even if the property was separated?
General information · Not legal advice
Material to check
In the practice file we read the certified copy of the bankruptcy declaration naming the heir, since the provision turns on the heir having received it, any ruling or application concerning separation of the property, and the proof each inheritance creditor or legatee files to show the amount of their claim against the estate.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as it stands: where the heir is declared bankrupt, then even where separation of the property has taken place, inheritance creditors and legatees may, in respect of the full amount of their claim, exercise their rights as bankruptcy creditors against the bankruptcy estate.
Another reading notes what the provision does not reach: it is written for the case where the heir has himself received a bankruptcy declaration, so it does not say what happens where the heir merely renounced the inheritance, or how the estate against which these creditors file is distinguished from the heir's own property.
Your judgment
Once the heir's bankruptcy is declared and the property separated, how could the file show which assets form the estate these creditors may claim against?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to cover renunciation of the inheritance or to define the estate, or if a court decision on this provision states whether a legatee's claim may be limited.