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Beneficiary Ovetpaymeny

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  • Beneficiary Ovetpaymeny

    A solicitor who is also an executor of a friends Will has contacted me some 4 years later to say they made a mistake and didn’t pay a Charity in accordance with my friends Will and wants us to pay a rather large sum back. I responded saying that wasn’t possible, the money had long gone. And now they are threatening legal action. Any advice appreciated.
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  • #2


    Well, if you don't have the money, you can't return it no matter what they threaten.

    If they do initiate court action your defence is one of "change of position" or in other words the money is no longer available because, believing it to be yours
    and acting in good faith, you have used it.

    Possibly they are trying to avoid making a claim under their professional liability policy

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    • #3
      And if you want some legal reading - google Estoppel - covers your position.

      Comment

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