The first answer dated 24/7/2013 fom Anne Curry to OIR about Are debts owed by a legatee to the executor of an estate provable in bankruptcy

John Creser made this Official Information request to Ministry of Economic Development

The request was successful.

From: John Creser

Dear Ministry of Economic Development,

Please provide the text of the first answer given by Anne Curry on the FYI website dated 24/7/2013 to Official Information Act request from John Creser which asked on 23/7/2013, which asked- "are debts owed by a legatee to the executor of an estate provable in bankruptcy in New Zealand"

Yours faithfully,

John Creser

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John Creser left an annotation ()

The OA has responded by text message from no:642199320261255 that this request cannot be answered, please advise which parties are bankrupt,whether or not its a deceased insolvent estate or the estate of a deceased bankrupt.

The answer to this is neither, the question clearly refers to the debt being owed by a legatee to the executor of a deceased estate who wishes to take a legatee of that estate bankrupt. The executor should be able to claim the debt back from the legatee's share of the estate and is protected by the power to retain funds owing to that estate by the legatee.

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From: Grant Slevin
Ministry of Economic Development

Dear Mr Creser, This request is refused under s 18(d)Official
Information Act 1982 because the information is publicly available,
on this website. If you are dissatisfied with this decision you may
ask the Ombudsman to investigate and review it under s28(1)(a) of
the Act. Regards Grant Slevin

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