www.iva.co.uk

My father had an IVA but he died nearly 5 years ago, the creditors are now forcing a sale of the property which was jointly owned with his fiancee. Does the debt not get written off in death?

Hey cheryl, welcome to the forum. I'm sorry for your loss. I'm not an expert but I don't think the debt would be written off. Any assets that he had would have to be used to repay it. Please wait for an expert to help you with this. X

I assume that the death occurred during the course of the arrangement? Someone is going to need to review the specific terms that relate to death in the proposals (as modified). It is most unlikely that the debt would have been written off and the IP concerned should have given advice to the trustees of the estate at the time.

If anyone dies owing money to creditors, whether they are insolvent or not, or in an IVA, their estate has to be realised to firstly repay those debts. Even if the proposals are silent on what happens in the event of the death of the debtor, the estate would fall to be dealt with under the provisions of the Administration of Deceased Estates Act - which gives priority to creditors before beneficiaries.