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Inheritence repayment request

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  • Inheritence repayment request

    Hi,
    I've recently received a letter from solicitors requesting a return of the inheritence ive recieved.
    New beneficiaries have recently come forward and this leaves most people involved overpaid.
    My father( deceased 20 years) had a cousin who passed away almost 4 years ago . With no children, his estate was handled by my Aunt, the executor.
    I recieved £7600 August 2018, and spent the money on my house as it was a rare chance to do so.
    With 4 children and rarely any spare cash I'm not in a position to pay it back.
    the letter gives no explanation and demands it back within 21 days!
    any advise would be appreciated
    Thanks.
    Tags: None

  • #2
    Did your dads cousin leave a will or die intestate ?

    How is your aunt ( the executor ) related to your dads cousin ?

    Does the letter say 'new beneficiaries' - no detail as to who ?

    • uncles and aunts. A cousin can inherit instead if the uncle or aunt who would have inherited died before the intestate person.
    but im not sure if the child of a cousin inherits if said cousin has passed ( des8 ? Peridot ?)

    Do you know who the other beneficiaries were ?
    #staysafestayhome

    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
      I'm sure Peridot will have an answer, but I'd be thinking along the lines of changed position.

      You honestly thought the money was yours and spent it on something out of the ordinary, so it is no longer there to give back

      Also if a grant of representation was obtained there is a six month time limit for making a claim against the estate

      Comment


      • #4
        Thanks for that, I'll contact Peridot straight away.

        Comment


        • #5
          My fathers cousin died Intestate.
          My Aunty ,my fathers sister, is also a first cousin of the deceased. New supposed beneficiaries were named to her , not to me or my sisters.
          my sister has contacted the solicitors asking for a full explanation as to who they are. Also how after taking so long to sort out the estate ,these beneficiaries have been overlooked.
          All very stressful.

          Comment


          • #6
            Hi Liam Morgan,
            Apologies for the delay I've been away.
            As Amethyst mentioned, I am assuming there was no Will so your Aunt took on the role of Administrator (similar to Executor but deals with the estate when there is no Will)?
            When you received your legacy did you sign anything to confirm you were accepting the sum on the proviso you may have to return some or all of it? It would be an indemnity you give to the administrator/executor?
            Do you know whether the administrator placed s27 notices following your cousins death?
            If neither of the above were done at the time, then the administrator/executor could be personally liable for the sum that is now possibly due to these 'new' beneficiaries.
            Who is the solicitor acting for? Are you sure it is other beneficiaries and not creditors? Has the solicitor indicated what they propose to do in the event the money is not returned? Why would they need the whole sum returned and not just a % or do these other beneficiaries have a bigger claim than you on the estate?
            If the money is no longer available then as Des8 mentioned you may have an argument of changed position that can be put forward and particularly as the claims would appear to be happening after 6 mths from the date of the Grant.
            I am a qualified solicitor and am happy to try and assist informally, where needed.

            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

            If in doubt you should always seek professional face to face legal advice.

            Comment

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