windfall clause

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by Helen.k » Sat Dec 16, 2017 8:09 pm

our IVA's finished October 2015, with CC received May 2016.

My mother in law, when she found out about us getting the IVA, took my husband out of her will early on as she didn't want her money to be swallowed up by our debts. She sadly died in mid 2015 just before the IVA finished. We have just found out that although my husband isn't a beneficiary of the estate, he is still named in the will where his share is in trust. She didn't leave any money behind, it is just her house which at present has a family member living in it, and there is currently no intention to sell the property.

As we thought my husband wasn't mentioned at all in the will, we didn't mention it to our IP when she died. Will he need to let our IP know about the chance of a possible 1/4 share which he may be eligible for at some point in the future, or will this come to light when the property is sold?

As far as we are aware, as his 'share' is in trust, he has no legal rights to it unless the other beneficiaries agree to him getting it. Am I right in thinking this will still be claimed as part of the windfall clause at whatever point in the future the property is sold? If the other beneficiaries decide they don't want him to get it, can the IP still stake a claim on it?

any advice gratefully accepted
Last edited by Helen.k on Sat Dec 16, 2017 8:50 pm, edited 1 time in total.
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by Foggy » Sat Dec 16, 2017 8:16 pm
You would need specific legal advice as much will depend upon the nature of the Trust and whether it would operate to defeat the windfall clause. I would also take advice as to the timing of events: Most IP's would claim that the windfall comes into effect on the death of the benefactor (which in your case was while the IVA was in force). I would argue that beneficiaries do not become entitled to an inheritance until such time as the will is proved and probate granted ( which could have been after the issue of the completion certificate ).
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by Helen.k » Sat Dec 16, 2017 8:49 pm
thanks Foggy
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