I am writing on behalf of my friend who is at this moment in time utterly distraught, her and her husband were in an IVA her mother paid a full and final settlement in February as her health was poor (Cancer) and they recieved the completion cert in June. Her husbands father passed away last year however it had been agreed with all family members including his father in hospital that he was not to receive anything and it was to goto their daughters. So he never informed the IP as he was never going to receive anything. His sister was also executor with him and agreed with this as it was her fathers wish however out of the blue when cheques were being prepared she insisted my friends husbands cheque was made to him so he agreed and divided the money between his sons as was agreed he never took a penny. Now they have had a call from the IP asking if they have recieved an inheritance and it transpires that his sister has informed them. My poor friend is utterly distraught and terrified as to what will happen to them even though the completion certificate has been issued as they complied fully with their IVA. There was nothing dishonest about what they did and this seems such a wicked thing to do to them, what should they do?
If the money was intended for the children and has actually gone to the children there should be no problem, even if paid to your friend on their behalf. However the IP will need to be satisfied that this is the case.
Why did the sister inform the IP - has there been a falling out ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Hopefully this can be easily rectified with a letter to the IP explaining the situation and evidence via the bank account of the payments made to the daughters/sons (?). Was the solicitor who wrote the cheques involved in these discussions at the time and if so could he produce a letter to confirm etc. As executors to the will both would / should have been involved in the discussion around distribution of the inheritance with the solicitor so therefore the solicitor should be able to explain.
I would also ask what has happened for his sister to now do this - it seems very unfair and inappropriate to do so - if it were all agreed as a family and hopefully the IP will be sympathetic and move this onwards with no further action.
Sharing from experiences of dealing with debt
There is a solution for everyone .... Just need to stay positive !
Hi and welcome to the forum. Was the money to the son's paid into their respective bank accounts and accountable, if so I cannot foresee a problem. Just ask her to explain to the IP what the agreement was and why this changed.
Hopefully all will work out ok.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
Many thanks for your responses, I am so pleased to say that the IP involved with my friend was superb and they were reassured that no deception at all had taken place. They had conformed with all aspects of their IVA and have a completion certificate confirming this. Unfortunately this family member is a very bitter and sad person with a history of mental health issues he was not the only target of her spite within the family and as such she no longer has a family which is very sad. A happy ending though for my friend, thank you all again.
