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  • FIRST POST
    • RosieWonders
    • By RosieWonders 8th Oct 17, 10:41 PM
    • 5Posts
    • 0Thanks
    RosieWonders
    Overpaid by estate executor/solicitors they want it back
    • #1
    • 8th Oct 17, 10:41 PM
    Overpaid by estate executor/solicitors they want it back 8th Oct 17 at 10:41 PM
    Over four years ago my two young children are were fortunate beneficiaries of an estate. Yesterday, out of the blue, I received a letter saying they had overpaid my son by £5k ( now aged 11years) and me by £5.5k, totalling £10.5k, and asking me to send a cheque with payment within 14 days (!!!) They also said my daughter had been underpaid by £5k and asked me to provide details on an count they could transfer money into. This doesn't make sense as both children were equal shareholders at 10% each. It has taken them 5 years to bring this to my attention, my son can't pay this back, his money is invested, and I'm a single parent not earning a substantial amount.
    Surely this is their mistake / negligence and so they should be liable for this error i.e. the loss and we don't have to pay back ? They were executors of the will and have made the mistake. They never provided any financial explanation to explain how the error occurred , nor at the end of the estate.They seems completely incompetent, were paid to be executors, and how do i know this isn't another mistake!!
    Can someone please advise where do i stand legally? Can they take me to court if i refuse to pay it back? My son can't anyway!!
Page 1
    • xylophone
    • By xylophone 8th Oct 17, 11:02 PM
    • 23,675 Posts
    • 13,800 Thanks
    xylophone
    • #2
    • 8th Oct 17, 11:02 PM
    • #2
    • 8th Oct 17, 11:02 PM
    http://death-duties.co.uk/content/executor-liabilities

    https://www.furleypage.co.uk/wp-content/uploads/2014/06/Furley-Page-Executors-Liabilities.pdf

    It may be that your son has a case against the executors for underpayment and that they must stand the cost of the overpayment.....?

    You may need to take legal advice........
    • DCFC79
    • By DCFC79 8th Oct 17, 11:29 PM
    • 30,427 Posts
    • 19,235 Thanks
    DCFC79
    • #3
    • 8th Oct 17, 11:29 PM
    • #3
    • 8th Oct 17, 11:29 PM
    If the childrens share was equal and 1 has apparently been given some extra and the other childs was £5k why was it not questioned at the time ?
    Can people stop loaning money/being a guarator to family/friends, it rarely ends well and you lose out as your money is gone or you get shafted with being a guarantor.
    • trailingspouse
    • By trailingspouse 9th Oct 17, 8:18 AM
    • 2,462 Posts
    • 3,526 Thanks
    trailingspouse
    • #4
    • 9th Oct 17, 8:18 AM
    • #4
    • 9th Oct 17, 8:18 AM
    Did they both receive the same amount when the funds were transferred? In that case, one can't possible have been underpaid and the other overpaid.

    I think your first move is to get back to whoever the letter came from and ask them for a blow-by-blow account of how they have come to this conclusion.
    • Biggles
    • By Biggles 9th Oct 17, 9:17 AM
    • 7,515 Posts
    • 4,910 Thanks
    Biggles
    • #5
    • 9th Oct 17, 9:17 AM
    • #5
    • 9th Oct 17, 9:17 AM
    Yes, your first move is to write back asking for a complete breakdown of the original estate and of the revised figures.

    Just that. In particular, make no mention of their ridiculous 14-day deadline (how many months did it take them to complete probate?).
    • RosieWonders
    • By RosieWonders 9th Oct 17, 2:02 PM
    • 5 Posts
    • 0 Thanks
    RosieWonders
    • #6
    • 9th Oct 17, 2:02 PM
    Thank you
    • #6
    • 9th Oct 17, 2:02 PM
    ...that's really helpful, good point, thank you : I will take a good look at links this evening
    • RosieWonders
    • By RosieWonders 9th Oct 17, 2:04 PM
    • 5 Posts
    • 0 Thanks
    RosieWonders
    • #7
    • 9th Oct 17, 2:04 PM
    They were paid an equal, exact amount
    • #7
    • 9th Oct 17, 2:04 PM
    ... so this makes this even more questionable?! They were literally paid same amount in two cheques, and they left me to manage its investment etc...
    • RosieWonders
    • By RosieWonders 9th Oct 17, 2:07 PM
    • 5 Posts
    • 0 Thanks
    RosieWonders
    • #8
    • 9th Oct 17, 2:07 PM
    Thank you
    • #8
    • 9th Oct 17, 2:07 PM
    Yes they got exactly the same amount, so this makes no sense, whole thing was a total curve ball! And yes, I was thinking along the same lines : need a very detailed written breakdown of full finances, plus their decision-making-process?!

    The questions remains though, even if they did make a mistake, am I , my son, liable to pay this huge sum back!?
    • RosieWonders
    • By RosieWonders 9th Oct 17, 2:10 PM
    • 5 Posts
    • 0 Thanks
    RosieWonders
    • #9
    • 9th Oct 17, 2:10 PM
    Thank you
    • #9
    • 9th Oct 17, 2:10 PM
    .... Yes I agree completely, makes complete sense ...
    Thanks for your advice.
    • RG2015
    • By RG2015 9th Oct 17, 2:25 PM
    • 629 Posts
    • 327 Thanks
    RG2015
    Have you considered that this may be a scam? There are often reports of solicitors having their files hacked and clients sending house purchase funds to bogus bank accounts.
    • Uxb
    • By Uxb 9th Oct 17, 4:32 PM
    • 981 Posts
    • 1,048 Thanks
    Uxb
    Yup
    I'd agree with RG2015
    This has all the hallmarks of a scam
    Do NOT use the letter's contact details to contact/write back just in case its a re-direct to the scammers.

    Find the contact details from elsewhere
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