For an inherited estate, over what period may a bankruptcy application be made, and does a limited acceptance or a separation change that window?
General information · Not legal advice
Material to check
In this exercise file, the papers to read are the record of when succession opened, any application demanding separation of the estate under the Civil Act, and the record of a limited acceptance or a separation. The list of inheritance creditors and legatees and what has been paid to each also matters, since the provision ties part of its window to these facts.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the first sentence at face value: a bankruptcy application over an inherited estate may be made only within the period in which separation of the estate may be demanded under the Civil Act provision on that right, and that condition stands on its own for estates where nothing else has happened.
A second reading works from the further sentence: where a limited acceptance or a separation occurred within that period, a bankruptcy application may still be made while payment to inheritance creditors and legatees has not yet finished, so the window in such a case reaches as far as those payments, while the provision leaves open what follows once they end, or where a later acceptance falls outside that period.
Your judgment
What in a file would show whether payment to inheritance creditors and legatees has finished, since the provision sets no rule for that?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to set its own period or starting point, or if a court decision decides when the separation-demand period opens for a bankruptcy application over an inherited estate, or what counts as payment being finished.