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Can Overpaid Inheritance Be Recovered?

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  • Can Overpaid Inheritance Be Recovered?

    I have received an inheritance which was administered by a company dealing with the estate. The cheque was received by me about 2 weeks ago. today I have received a letter from the caseworker saying that due to an "administration error" i have been paid the wrong amount (as have all of the other 11 beneficiaries who will also need to repay .) They state that they would "appreciate" the overpaid amount was paid back and have provided their account details for me to credit the money. (£500). Are they LEGALLY allowed to recover this money as it is their error. I understand that they can ask for it but is there any legal gateway for them to force repayment


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  • #2
    Re: Can Overpaid Inheritance Be Recovered?

    Hi and welcome.
    yes, I'm afraid they are entitled to request the return of the monies, and even issue a court claim for repayment.
    it is not permitted for a person to profit from another's error.
    however if you had no reason to suppose the amount was incorrect, and have spent it already, you might have a defence of change of position.

    have they explained what the error was. how it came to be made and who the "losers" are?
    If it is the firm themselves they may well be prepared to accept a smaller return from each beneficiary to avoid 11 court cases and some bad publicity!!
    See what the others say and perhaps start negotiating!

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    • #3
      Re: Can Overpaid Inheritance Be Recovered?

      Hi des8, thanks for response. The overpayment has occurred because the estate was split on a %ge basis . However when calculating the net estate value the company failed to take off a £5k pecuniary legacy due to one benificiary as well as his %ge inheritance, therefore they paid out based on an estate value of £5k more

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