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

Keep_pedalling

There is no legal obligation for an executor to do that, it falls to the beneficiary to do that.

JJWSJS8700

SpideressUK said:

My mum made my brother and myself joint Executors in her Will (and we are the only beneficiaries - it is a 50/50 split).  The solicitor informed us that due to my brother having an IVA he is unable to be an Executor and I have to be the "sole" Executor (he is OK with that and if that is how it has to be then I am OK with that).  However (and this is what I am hoping someone here might be able to explain) the solicitor told him something about me (as the only Executor) being liable for my brother's debts should he "default" on his IVA.  We are not sure "how" he could "default" as such? We understand that now my brother is due to inherit enough money to cover his entire debt the reduced amount in the IVA is no longer reduced and the full amount is owing.  The solicitor has told us that she will try to negotiate some clemancy on his IVA which may allow a few thousand less than the overall amount be paid back.

From my understanding the solicitor will get all the money from my mum's estate and she is then legally bound to pay my brothers IVA BEFORE she gives him the balance of his inertitance.  I would just get my half minus whatever her fees etc are.  However it is this bit about me being potentially liable for my brother's debt which is confusing me (not that he has an intention of "defaulting").  What would he need to do to "default" - for eg would he need to phone his IVA and say "I refuse to pay any more and am closing my relationship with you down"? Would "defaulting" need moving house and trying to become untraceable? If any of that happened would the solicitor take his IVA payment from my half of the inheritance and pay my brother's debt with it?  Would the solicitor hold his full half then once I had paid his debt would my brother get his full inheritance (and I just get what is left after his debt has been paid?)

Thank you

How did the solicitor know of the IVA?

p00hsticks

JJWSJS8700 said:

SpideressUK said:

My mum made my brother and myself joint Executors in her Will (and we are the only beneficiaries - it is a 50/50 split).  The solicitor informed us that due to my brother having an IVA he is unable to be an Executor and I have to be the "sole" Executor (he is OK with that and if that is how it has to be then I am OK with that).  However (and this is what I am hoping someone here might be able to explain) the solicitor told him something about me (as the only Executor) being liable for my brother's debts should he "default" on his IVA.  We are not sure "how" he could "default" as such? We understand that now my brother is due to inherit enough money to cover his entire debt the reduced amount in the IVA is no longer reduced and the full amount is owing.  The solicitor has told us that she will try to negotiate some clemancy on his IVA which may allow a few thousand less than the overall amount be paid back.

From my understanding the solicitor will get all the money from my mum's estate and she is then legally bound to pay my brothers IVA BEFORE she gives him the balance of his inertitance.  I would just get my half minus whatever her fees etc are.  However it is this bit about me being potentially liable for my brother's debt which is confusing me (not that he has an intention of "defaulting").  What would he need to do to "default" - for eg would he need to phone his IVA and say "I refuse to pay any more and am closing my relationship with you down"? Would "defaulting" need moving house and trying to become untraceable? If any of that happened would the solicitor take his IVA payment from my half of the inheritance and pay my brother's debt with it?  Would the solicitor hold his full half then once I had paid his debt would my brother get his full inheritance (and I just get what is left after his debt has been paid?)

Thank you

How did the solicitor know of the IVA?

I haven't read throguh the whole thread so I'm not entirely clear of the solicitor's role in this, but am presuming they've been engaged by the OP and brother (as named executors) to deal with the estate.

I would imagine that in that capacity the solicitor has carried out a search as part of their due diligence

https://www.gov.uk/search-bankruptcy-insolvency-register

SpideressUK

p00hsticks said:

JJWSJS8700 said:

SpideressUK said:

My mum made my brother and myself joint Executors in her Will (and we are the only beneficiaries - it is a 50/50 split).  The solicitor informed us that due to my brother having an IVA he is unable to be an Executor and I have to be the "sole" Executor (he is OK with that and if that is how it has to be then I am OK with that).  However (and this is what I am hoping someone here might be able to explain) the solicitor told him something about me (as the only Executor) being liable for my brother's debts should he "default" on his IVA.  We are not sure "how" he could "default" as such? We understand that now my brother is due to inherit enough money to cover his entire debt the reduced amount in the IVA is no longer reduced and the full amount is owing.  The solicitor has told us that she will try to negotiate some clemancy on his IVA which may allow a few thousand less than the overall amount be paid back.

From my understanding the solicitor will get all the money from my mum's estate and she is then legally bound to pay my brothers IVA BEFORE she gives him the balance of his inertitance.  I would just get my half minus whatever her fees etc are.  However it is this bit about me being potentially liable for my brother's debt which is confusing me (not that he has an intention of "defaulting").  What would he need to do to "default" - for eg would he need to phone his IVA and say "I refuse to pay any more and am closing my relationship with you down"? Would "defaulting" need moving house and trying to become untraceable? If any of that happened would the solicitor take his IVA payment from my half of the inheritance and pay my brother's debt with it?  Would the solicitor hold his full half then once I had paid his debt would my brother get his full inheritance (and I just get what is left after his debt has been paid?)

Thank you

How did the solicitor know of the IVA?

I haven't read throguh the whole thread so I'm not entirely clear of the solicitor's role in this, but am presuming they've been engaged by the OP and brother (as named executors) to deal with the estate.

I would imagine that in that capacity the solicitor has carried out a search as part of their due diligence

https://www.gov.uk/search-bankruptcy-insolvency-register

The solicitor was involved due to them holding mum's Will and whilst myself and my brother were supposed to BOTH be executors it turned out in the end he was not allowed to be an executor due to him having an IVA so I ended up being sole executor.  The solicitor knew about the IVA as either I was directly asked or we volunteered the information when asking "what happens with brothers IVA how does it get negotiated/paid?".  In the end the solicitor (quite rightly) did not distribute the estate until my brother's IVA was settled in full - she then paid him the balance of what he would have had anf paid me my 50% share of what the original split was.  My understanding is that had she not paid his IVA and just given him his full 50% share and IF he then defaulted on his IVA refusing to settle it or not declaring an ineritance etc and if the IVA people found out then I would have been liable for his full (considerably high) IVA debt so the solicitor was protecting me by doing things this way.