My husband passed away last week ...

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kelly539

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Post by kelly539 » Thu Apr 16, 2020 8:04 pm
My husband entered into an IVA back in February and then got diagnosed with extensive terminal cancer and was given weeks to live, unfortunately he passed away last week and I have been in contact with the IVA company and they have told me that due to me and my husband having a joint life/critical illness policy (which will be paid and I was hoping to clear the mortgage which was in joint names) I will be liable for paying his debts from his estate ie. The house. We did not have wills so very unsure of where I stand, would appreciate any advice. Many thanks.

Foggy

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Post by Foggy » Thu Apr 16, 2020 8:36 pm
I am so sorry for your loss.

I would suggest a chat with your local CAB to see if they can give you an appointment with a solicitor. As far as I am aware the house will not form part of his estate, but the insurance payout (at least his share) probably would. You really need to take professional advice.

Might I ask who the IVA is with ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

kelly539

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Post by kelly539 » Fri Apr 17, 2020 7:45 am
Hi,
Thanks for your reply the IVA company is called Hanover Insolvency.
I will try and contact CAB asap
Many thanks

lifenoteasy

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Post by lifenoteasy » Fri Apr 17, 2020 8:13 am
Sorry for your loss.

The forum is a great place for help during this time and I know members have helped others who have faced what you are going through.

Absolutely follow Foggy advice.

You can go to here https://www.gov.uk/inherits-someone-dies-without-will for some help around identifying what you might have to do next.

I apologise for the wording now - it comes across as impersonal but it reflects the legalities,

You are not liable for your husband debts - you are likely to be responsible for being the Executor and working towards settling any debts from your husbands estate.

That means that the Insolvency Company will need to clearly identify to you what they believe is owing.

Given the recent Creditfix court case, I would suggest that when the Insolvency Company contact you, that you get confirmation in writing that they have contacted creditors for permission to proceed to act on their behalf.

Based on what you have identified, it is entirely possible that some of all might not wish to recover anything but a lot of that may depend on how much was owed.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
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