Page 1 of 2
Posted: Mon Apr 23, 2012 12:22 am
by hellyp4
hi ,i have a sister who refuses to inform her IP of her inheritance of which me and another sister have done so.She finishes her IVA later this year as will me and my sister if F&F are accepted My question is if we were to inform them and i think that we shall as its just not fair that she gets to keep hers could it be done in such a way that she wouldnt know it was one of us who told on her?
Posted: Mon Apr 23, 2012 12:32 am
by kazzafunk
I may be wrong but I think whoever is dealing with the estate has to check if there is any IVA. They may do so by checking the insolvency register.
One of the professionals will be along later and may be able to help further.
Posted: Mon Apr 23, 2012 2:52 am
by MelanieGiles
It is usual for solicitors dealing with these type of issues to check the insolvency register, and notify the IPs acting.
She is not acting honestly, and I can see that this is troubling you. The decent thing would be to get her to notify her IP directly, but if she won't then you may have to as this will rest on your concience.
Posted: Mon Apr 23, 2012 4:20 am
by GilliB
Hi Hellyp4. Welcome to the forum. This must be tough for all of you. It's not just a legal and moral thing, but also the family dynamic. If it were me, I don't think I could inform, but I'd definitely try to drive home the fact that she has o notify her IP asap - pointing
out that the Solicitor will tell them anyway, so you are trying to help her avoid serious trouble! I hope it doesn't cause a rift in the family - no amount of money is worth that. Best of luck with this one, and please let us know how it goes.
Posted: Mon Apr 23, 2012 7:05 am
by TheMatrix
May be an anonymous letter to the IP concerned detailing all the details, get the details from the register of her IP.
I beleive wills are public so if thats the case the IP can check. It will probably also mean the IVA will fail and she'd be in serious trouble for fraud too if it was deliberatly kept from the IP.
Posted: Mon Apr 23, 2012 11:05 am
by mole
If I were you, I would keep my nose out.
Posted: Mon Apr 23, 2012 11:38 am
by Michael Peoples
It seems unusual that three sisters are in IVAs at the same time.
How did this come about?
Posted: Mon Apr 23, 2012 11:42 am
by Skippy
If it's really going to eat you up (and I know it would me) and you are prepared for the consequences if you are found out then I agree with The Matrix, an anonymous letter to the IP would probably be the best way.
Posted: Mon Apr 23, 2012 12:04 pm
by bulldog
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by hellyp4
hi ,i have a sister who refuses to inform her IP of her inheritance of which me and another sister have done so.She finishes her IVA later this year as will me and my sister if F&F are accepted My question is if we were to inform them and i think that we shall as its just not fair that she gets to keep hers could it be done in such a way that she wouldnt know it was one of us who told on her?
this is a stange one.it sounds to me that their is some family matters going on here.why would one grass on a member of the family if its not Jealousy.
if i was you sort the family matter out 1st.would she have done the same if it was you or your other sister?
at the end of the day it only going to take 2 and 2 together to find out who grassed on her and bring more tension between the family. life is too short for that and you don't know if you need help from her in the near future.
and am more than sure that the ip/creditors will find out anyway.
like michael peoples as said a bit strange for three sisters are in a iva?
Posted: Mon Apr 23, 2012 1:23 pm
by footiemad
I don't agree with witholding information from your IP but I couldn't report a close family member. Then again I would never be in the same situation because my 3 sisters are solvent. You need to think this through very carefully before you do anything x
Posted: Mon Apr 23, 2012 2:06 pm
by Gina.gu
I agree with the mole, bulldog and footiemad. Let her sort her own troubles out. Her ip will find out anyway most probably
Posted: Mon Apr 23, 2012 2:44 pm
by ChrisJGB
Hi Hellyp4
From my understanding, any inheritance is classed as a windfall and under the terms of the legally binding IVA all inheritance must be declared.
I have had to declare my inheritance, which I did without hesitation. Unfortunately I believe the percentage of a windfall taken by the creditors varies (in my case it will be 100%) and any amount of windfall taken goes to pay off the additional monies which would have been written off at the end of an IVA term first.
I understand your dilemma as to whether to inform someone of your sister's intentions. I also understand your frustration and annoyance as your sister's actions sound incredibly unfair.
However, as she entered into a legally binding agreement, I would imagine that the responsibility is on her shoulders and if it comes to light that she has witheld information, which is highly likely, it is her who will have to deal with the consequences. I understand the consequences are severe. I would personally leave it to her and not get involved.
Family tensions aside, reminding her of the legal responsibilities and consequences may be sufficient to change her mind.
Take comfort from the fact that you are dealing with your own affairs in the correct legal and moral way.
Regards
Chris
Posted: Mon Apr 23, 2012 4:25 pm
by Hellyp
hi thanks for your thoughts. She has been told of the consequences if she carries this on maybe i will just let her take it ,there lies another question, what is the sisterly thing to do ???
Michael peoples ..its cos we crap at managing money , silly question !!!
Bulldog , the only thing i have to be jealous about my sister is that she will maybe get to have the 9k that my dad left us each in his will and yes i dont think that is fair and im sure none of you would think it is either.
Posted: Mon Apr 23, 2012 4:35 pm
by kazzafunk
No I totally agree with you - I'd feel the same way.
Let's hope the IVA is discovered before the monies are paid out.
Posted: Mon Apr 23, 2012 5:34 pm
by MrsR
I agree with Kazza, hopefully her IP will be informed without the need for you to do so.
It must be difficult to know what the 'right' thing to do is, but personally as much as I love my siblings, I would probably contact the solicitor initially to make them aware of the register and if they did nothing,I would then inform the IP.
This may sound harsh, but this is dishonesty and why should you spend time worrying about what could happen etc, which could end up in a row later on ?