TACKLING LEGACIES I act regularly for insolvency pactitioners and have dealt with two cases in which claims have been successfully brought by trustees in bankruptcies against solicitors who had distributed legacies to beneficiaries against whom bankruptcy orders had been made.
The right to the legacy becomes vested in the trustee upon his appointment and the bankrupt cannot give a valid receipt for the money.
The bankruptcy order is always advertised at least once in a local newspaper, thus giving notice.
Having mentioned this to my partners in our probate department we now carry out a bankruptcy search on all beneficiaries prior to making any distribution.
This may not be a common problem but may cause serious problems for solicitors.
Robert Brown, Keeble Hawson, Leeds
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