Brother not allowed to be Executor due to having an IVA and I might be somehow liable for his debt?

SpideressUK

Keep_pedalling said:

Checking the insolvency record should be sufficient. Best to do this within 3 months of the death to make sure the beneficiary had not been discharged before that date.

https://www.insolvencydirect.bis.gov.uk/eiir/

if the OP looks up his brother on the above link, they will be able to find out who their insolvency practitioner is. I think that they should ring the IP and ask what they should do as regard distributing the estate.

That is interesting.  I found him.  It just shows his name, date of birth, court says VOL and shows start date and says Type is IVA also lists the first line of his address when I click on his name but that is all the information it gives.

I have a friend who is the sole Executor of his mum's estate and he knows his sister had some kind of debt managment thing going on, I'll tell him to look on that in case it gives him any information though presumably once the timescale for it has passed, of it gets paid off completely then the record dissapears from there?

Keep_pedalling

Sea_Shell said:

Keep_pedalling said:

Sea_Shell said:

As a side question, more generally.    

What lengths is an executor supposed to go to before distributing an estate to anybody.   Is it an item on a legal "checklist" of things to do, in checking the financial status of the beneficiary?

Or does asking them the question count enough, in writing, even if they were found to have lied?

I'm sure there any many situations where a beneficiary's financial circumstances have been kept private, even amongst their family. 

Checking the insolvency record should be sufficient. Best to do this within 3 months of the death to make sure the beneficiary had not been discharged before that date.

https://www.insolvencydirect.bis.gov.uk/eiir/

if the OP looks up his brother on the above link, they will be able to find out who their insolvency practitioner is. I think that they should ring the IP and ask what they should do as regard distributing the estate.

So is this something that an executor is supposed to do as a matter of course?    Does it routinely appear in any "how to administer an Estate" guides?

It is covered on the age UK guide.

https://www.ageuk.org.uk/globalassets/age-uk/documents/information-guides/ageukil8_how_to_be_an_executor_inf.pdf

Thrugelmir

Sea_Shell said:

Keep_pedalling said:

Sea_Shell said:

As a side question, more generally.    

What lengths is an executor supposed to go to before distributing an estate to anybody.   Is it an item on a legal "checklist" of things to do, in checking the financial status of the beneficiary?

Or does asking them the question count enough, in writing, even if they were found to have lied?

I'm sure there any many situations where a beneficiary's financial circumstances have been kept private, even amongst their family. 

Checking the insolvency record should be sufficient. Best to do this within 3 months of the death to make sure the beneficiary had not been discharged before that date.

https://www.insolvencydirect.bis.gov.uk/eiir/

if the OP looks up his brother on the above link, they will be able to find out who their insolvency practitioner is. I think that they should ring the IP and ask what they should do as regard distributing the estate.

So is this something that an executor is supposed to do as a matter of course?    Does it routinely appear in any "how to administer an Estate" guides?

Executorship is a defined role set out in law. As with many things has been diluted by social media to a paper pushing exercise. Ignoring all the potential if's and but's that occur. Personal liability is very much an issue that executors need to be aware of. 

tizerbelle

SpideressUK said:

That is interesting.  I found him.  It just shows his name, date of birth, court says VOL and shows start date and says Type is IVA also lists the first line of his address when I click on his name but that is all the information it gives.

If you click on the surname (not just hover over it) it will open another page with all the insolvency details shown.

SpideressUK

tizerbelle said:

SpideressUK said:

That is interesting.  I found him.  It just shows his name, date of birth, court says VOL and shows start date and says Type is IVA also lists the first line of his address when I click on his name but that is all the information it gives.

If you click on the surname (not just hover over it) it will open another page with all the insolvency details shown.

Wow, yes it is all there, it seems a little "potential to open a person to fraud" having all of that on the internet though I am not sure how much data a person would need to "do" a fraud but his full name, address and date of birth are listed there. 

Savvy_Sue

Sea_Shell said:

So is this something that an executor is supposed to do as a matter of course?    Does it routinely appear in any "how to administer an Estate" guides?

It's in the book I bought last time I was executing. Can't speak for all the online guides.

Keep_pedalling

SpideressUK said:

tizerbelle said:

SpideressUK said:

That is interesting.  I found him.  It just shows his name, date of birth, court says VOL and shows start date and says Type is IVA also lists the first line of his address when I click on his name but that is all the information it gives.

If you click on the surname (not just hover over it) it will open another page with all the insolvency details shown.

Wow, yes it is all there, it seems a little "potential to open a person to fraud" having all of that on the internet though I am not sure how much data a person would need to "do" a fraud but his full name, address and date of birth are listed there. 

That info is easily obtainable elsewhere, and anyway debtors don’t make great scam victims.

SpideressUK

Keep_pedalling said:

That info is easily obtainable elsewhere, and anyway debtors don’t make great scam victims.

I suppose that is one and probably the only benefit of having zero credit rating.

missnosey122

As I understand it creditors can only go after the executor if they pay the inheritance directly to the beneficary. 

Good luck

SpideressUK

Does anyone know if the executor (or in our case I guess it will be the solicitor since she holds all the money) notifies DWP of payment to beneficiaries or is it up to that individual to notify any "means tested benefits" people like for eg Universal Credit, Working Tax/Child Tax Credit?