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Posted: Sun Apr 06, 2008 4:42 pm
by chris25
Please could anyone advise me. My nan has left me 1k in her will and I will recieve this within the next month.

Problem is that my mum wants me to give her the money to put away for me but she doesnt know about my IVA. Is there anyway of keeping the money or do I have to tell my IP?

Posted: Sun Apr 06, 2008 4:55 pm
by angela18
Hi Chris and welcome to the forum..

i'm no expert but i'm sure you would have to inform your IP as this may be classed as a windfall.. depending what is in your agreement..

I'm sure melanie will be along, after cardiff game, to advise you properly

Posted: Sun Apr 06, 2008 4:58 pm
by Lisa2009
It would all depend on the wording of your proposal. There is most likely a clause that any inheretance or windfalls have to be declared and paid into your IVA for the benefit of your creditors.
I would check the proposal and speak to your IP.

Posted: Sun Apr 06, 2008 5:20 pm
by joh71262
I checkedmy proposal today and it has an Inheritance and Windfall clause that states you have to declare it. It doesn't, however, state they can take a fixed %.

Posted: Sun Apr 06, 2008 5:36 pm
by chris25
Mine says "Any windfall, in excess of £500, received by the debtor must be immediately paid over to the supervisor for the benefit of creditor".
Does this include inheritance and if it does do i keep the first £500?

Posted: Sun Apr 06, 2008 8:09 pm
by aguise
Thats what mine says chris and yes it would include inheritance, and yes you would keep the first five hundred pounds.

ang

Posted: Sun Apr 06, 2008 8:12 pm
by MelanieGiles
I am afraid that the money left to you will fall to be dealt with as a windfall, and you are duty bound to tell your IP about the money and hand it over for the benefit of creditors.