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.
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?
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.
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.
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.
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.
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.
Is there anything above I can clarify for you?
Has the above answered your questions satisfactorily?
If I can assist any further as the situation develops please do not hesitate to revert to me
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.
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
A pleasure. Best wishes