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Overpayment of inheritance - who is liable?

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  • Overpayment of inheritance - who is liable?

    Looking for some advice please. I have recently received some inheritance and paid off my mortgage. Since then I have been asked to pay back a percentage because further beneficiaries have come to light and are now claiming from the estate. I have been threatened with court action by the executer if I don't pay. The executer was aware of these beneficiaries but chose to ignore although he denies this, I have evidence to prove otherwise. What are my rights, do I have to pay it back or is the executer liable?
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  • #2
    Re: Overpayment of inheritance - who is liable?

    Claims by relatives and dependents must be made within six months of the grant of probate although in some circumstances a Beneficiary making a claim against an estate may have 12 years from the date of death.

    When was probate granted ?
    We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Re: Overpayment of inheritance - who is liable?

      Not sure of the date when probate was granted but the death was around 18 months ago.

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      • #4
        Re: Overpayment of inheritance - who is liable?

        Was there a will ?
        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5
          Re: Overpayment of inheritance - who is liable?

          Executors Liability Insurance

          ''Distribution

          If you misinterpret the will and overpay one of the beneficiaries you may need to make up the difference to the other beneficiaries. If one of the beneficiaries is bankrupt then his creditors must be paid by you, as executor, before anything is given to the beneficiary. Even if you were not aware of the bankruptcy you will still be liable if you get this wrong.''


          It's not something I know off the top of my head but in the morning there should be more people around who know definitively.
          We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

          Comment


          • #6
            Re: Overpayment of inheritance - who is liable?

            Yes and they are in the will. Thanks for your help.
            Last edited by klingklang; 19th November 2014, 23:16:PM.

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            • #7
              Re: Overpayment of inheritance - who is liable?

              Oh so it was on purpose.

              Were you aware at the time of distribution?
              We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Find Solicitors offering fixed fees on our sister site - JustBeagle.com

              Comment


              • #8
                Re: Overpayment of inheritance - who is liable?

                I was going to say that surely there was a copy of the accounts for the beneficiaries to sign. Did this take place? What documentation was there that the other beneficiaries were excluded on purpose?
                "Family means that no one gets forgotten or left behind"
                (quote from David Ogden Stiers)

                Comment


                • #9
                  Re: Overpayment of inheritance - who is liable?

                  The executor is liable. If you were aware you may be liable. depending. How much are we talking about ? You need to check with a solicitor.

                  Has the executor issued a claim against you?
                  We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment


                  • #10
                    Re: Overpayment of inheritance - who is liable?

                    Basically Ame is correct, if executors make a mistake it is on their head (which is why sensible executors effect liability insurance).
                    And even if the executor was to try and recover the overpayment you could put up the defence of change of position.(if you were convinced it was your entitlement)

                    Comment


                    • #11
                      Re: Overpayment of inheritance - who is liable?

                      Originally posted by Amethyst View Post
                      Oh so it was on purpose.

                      Were you aware at the time of distribution?
                      No I was only made aware when the solicitors letter arrived.

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                      • #12
                        Re: Overpayment of inheritance - who is liable?

                        You should be fine - but you will need to respond to the solicitors letter - can you copy the letter onto here (anonymised of course)
                        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                        Comment


                        • #13
                          Re: Overpayment of inheritance - who is liable?

                          Originally posted by leclerc View Post
                          I was going to say that surely there was a copy of the accounts for the beneficiaries to sign. Did this take place? What documentation was there that the other beneficiaries were excluded on purpose?
                          I have a copy of the accounts although the beneficiaries were not asked to sign them. I have a signed statement saying the executer was aware of these beneficiaries.

                          Comment


                          • #14
                            Re: Overpayment of inheritance - who is liable?

                            Originally posted by Amethyst View Post
                            You should be fine - but you will need to respond to the solicitors letter - can you copy the letter onto here (anonymised of course)
                            I have not replied yet and will try and copy the letter on here although not sure how?

                            Comment


                            • #15
                              Re: Overpayment of inheritance - who is liable?

                              Originally posted by Amethyst View Post
                              You should be fine - but you will need to respond to the solicitors letter - can you copy the letter onto here (anonymised of course)
                              Hi, I'm struggling to copy the letter onto here. Any advice what I should put in my reply?

                              Comment

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