Husband not in IVA, can he get his share of my mum's will?

Get expert opinion. This is the place for new questions to be posted.
13 posts Page 1 of 1

karen955

User avatar
Posts: 8
Joined: Thu Jul 27, 2017 7:55 pm

Post by karen955 » Sun Jul 30, 2017 6:59 am
I have an iva. but myself and husband are in my mum's will. my husband is not included at all in the iva it is mine only. can husband still get his share of the will?

kallis3

User avatar
Forum Expert
Posts: 77176
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Sun Jul 30, 2017 7:30 am
Hi,

I imagine so - it should just be yours that is captured by the IVA. I take it he is specifically named?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

karen955

User avatar
Posts: 8
Joined: Thu Jul 27, 2017 7:55 pm

Post by karen955 » Sun Jul 30, 2017 7:35 am
not sure yet .
but was meant to be between us. .
would it be a problem if it went into joint account.

kallis3

User avatar
Forum Expert
Posts: 77176
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Sun Jul 30, 2017 8:47 am
I think you need to look at the will and see what it says. I take it your mother is sadly deceased now?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

karen955

User avatar
Posts: 8
Joined: Thu Jul 27, 2017 7:55 pm

Post by karen955 » Sun Jul 30, 2017 9:09 am
no not seen the will
my sister who is executor I have not spoken to her for over twenty years. I won't get any info off her. all I know is that it will go mainly between grandchildren and mum's brothers I recon me and sister will see about 5% of what's left.
the only way I will know is when we receive cheque or at least a solicitors letter.
do you think iva would accept my half of the monies. it would in effect give each of the creditors half there money back all at once.

kallis3

User avatar
Forum Expert
Posts: 77176
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Sun Jul 30, 2017 9:39 am
I have no idea on this - perhaps visit CAB and see what they say. Also, hopefully, one of the other experts will be along to advise.

Is there any chance you could speak to your sister at all?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

karen955

User avatar
Posts: 8
Joined: Thu Jul 27, 2017 7:55 pm

Post by karen955 » Sun Jul 30, 2017 9:58 am
no not at all very bad things happened in the past and I blocked her out of my life.
yes that does sound a good idea to see cab. do you think they would look at my iva proposal though it's about 30 pages long.

kallis3

User avatar
Forum Expert
Posts: 77176
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Sun Jul 30, 2017 11:22 am
You need to get a copy of the will - CAB may help with that but won't be able to help with your IVA.

Is your husband specifically mentioned in the will?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

Foggy

User avatar
Posts: 33395
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Sun Jul 30, 2017 8:06 pm
As Kallis says, it all boils down to the wording of the will. As a beneficiary you are entitled to see a copy of it.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

luluj

User avatar
Forum Expert
Posts: 11333
Joined: Sun Dec 09, 2007 6:54 am
Location: United Kingdom

Post by luluj » Mon Jul 31, 2017 3:27 am
As others have said you need to gain a copy of the will to establish the full detail. Your share will go directly to creditors ...if your husband is named specifically then his share should be his and it can go via a joint account. It is all going to depend on the wording
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"

kallis3

User avatar
Forum Expert
Posts: 77176
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Mon Jul 31, 2017 7:36 am
Do you know who the solicitor is?
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

Lisa Thomas

User avatar
Industry Expert
Posts: 7759
Joined: Wed Dec 03, 2014 10:26 am

Post by Lisa Thomas » Mon Jul 31, 2017 8:49 am
Your husband should be free to do what he likes with his share of the windfall.

Your share however will have to be paid into your IVA.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Mon Jul 31, 2017 8:53 am
The solicitor may run an insolvency check and if you are sole beneficiary then the money may be passed directly to your IP. Some wills are written whereby any insolvent beneficiaries do not inherit and the funds are given to someone else or even held in trust If the bequest is in joint names the solicitor should split this between your husband and the IVA as the register will only show one name. If the searches are carried out your sister may find out about the IVA if she is executor so hopefully this does not cause a problem.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
13 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”