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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25481
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If you have been left money in a will and you are in an IVA

Resolved Question:

If you have been left money in a will and you are in an IVA does the solicitor dealing with the money have to tell you if they have done a check against you and if so will they then send the cheque to you or will it go directly to the IVA company and you will be informed by them that they have forwarded it or will they wait to see if you have forwarded it yourselves before telling the IVA company?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

May I ask if you are aware whether the money has been left to you outright or has it been left to you through a trust - e.g. a protected or discretionary trust?

Customer: I think if we get any it will be outright
Joshua :

Thank you.

Joshua :

It is worth double checking this point because if the money has been left to you through a discretionary or protected trust then it can be protected from the IVA you are presently subject to.

Joshua :

If money has been left absolutely and you are still subject to an IVA unfortunately as you are aware the money is payable to the IVA subject to the terms of the IVA; the solicitor should as a matter of course conduct an insolvency check on all beneficiaries though I am aware that many solicitors do not do so. If the solictor does conduct a search then he should notify the IVA administrator of the monies.

Joshua :

Typically the IVA administrator would require that those monies are paid to him to be dealt with under the IVA. If the solicitor fails to check or fails to notify the IVA administrator there is a duty on you to notify the IVA administrator or your IVA could fail as a consequence and further claims made upon you in the future.

Customer: Ok, will the solicitor notify us that they have done a check or will they notify the IVA company and we will send the money to them.
Joshua :

It is unlikely the solicitor will inform you he has or has not done an insolvency search in and of itself. If he does do a check and discovers the IVA he will notify you and ask you to confirm that the information relates to you and then advise you that he is required to notify your IVA administrator.

Joshua :

If the solicitor mentions nothing, then the the likelihood is that he has not carried out a check and has therefore not notified the IVA administrator.

Joshua :

Is there anything above I can clarify for you?

Joshua :

Has the above answered your questions satisfactorily?

Customer: That's fine thank you I just wanted to know whether we informed the IVA or the so
Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Customer: icitor and if we would get the money to forward to them or if the solicitor would just send it directly to them, also we were not sure whether the solicitor would inform us that they had done a check or whether if they just told the IVA company. We obviously want to do things right and didn't want to get in trouble.
Joshua :

The solicitor would not deliberately try to hide from you what he is doing. He has no reason to and is accountable to you for the money so must be above board with you at all times.

Joshua :

Please let me know if I can assist any further. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: Thank you very much for your help
Joshua :

A pleasure. Best wishes

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