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

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karen955
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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?
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kallis3
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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?
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karen955
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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.
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kallis3
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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?
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karen955
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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.
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kallis3
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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?
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karen955
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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.
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kallis3
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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?
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Foggy
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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.
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luluj
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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
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kallis3
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by kallis3 » Mon Jul 31, 2017 7:36 am
Do you know who the solicitor is?
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Lisa Thomas
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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.
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Michael Peoples
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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.
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