Bequests

Jaguar1962

My sisters and I recieved some money (which was receipted, banked and spent) from a family friend which she left us in her will. Today 7 weeks after the cheques had been dispatched I had a phone call to say that a mistake had been made and that instead of us recieving the full amount each, it was supposed to have been shared between the three of us. The solicitors involved are saying that it is their mistake but are now requesting that we repay the money... can they do this?

It has made what was an incredible wonderful gift somewhat tainted, as we now have to struggle to repay the money.

Jaguar1962

Maybe I should say that they are demanding we repay the money, not requesting...

Please someone... Is this legal... can they do this after the money has been distributed?

Kay_Peel

Yes. They can ask/demand/request/instruct you to return the money. Anyone can write a letter!

The family friend intended for you to get a third of what you got. He or she did not intend for you to have three times that amount. The solicitors are acting on behalf of the deceased - and the deceased (obviously) intended that money for someone else.

You say yourself that it was 'incredible and wonderful' - that's because it was too good to be true, as you can now appreciate.
However, it's over seven weeks later and the solicitor has admitted making a mistake.

They will try to recover the money expeditiously, with a letter in the first instance. Also, they will be looking at their professional indemnity policy and informing their insurers in case the letter does not succeed. There might even be some very angry beneficiaries who have been short-changed breathing down their necks.

No, there's nothing to stop the solicitor writing a letter to you. How you respond is a different question all together - only you know who's inheritance you've spent and whether it would be the right thing to return it.

tankgirl1

Kay_Peel wrote: »

Yes. They can ask/demand/request/instruct you to return the money. Anyone can write a letter!

The family friend intended for you to get a third of what you got. He or she did not intend for you to have three times that amount. The solicitors are acting on behalf of the deceased - and the deceased (obviously) intended that money for someone else.

You say yourself that it was 'incredible and wonderful' - that's because it was too good to be true, as you can now appreciate.
However, it's over seven weeks later and the solicitor has admitted making a mistake.

They will try to recover the money expeditiously, with a letter in the first instance. Also, they will be looking at their professional indemnity policy and informing their insurers in case the letter does not succeed. There might even be some very angry beneficiaries who have been short-changed breathing down their necks.

No, there's nothing to stop the solicitor writing a letter to you. How you respond is a different question all together - only you know who's inheritance you've spent and whether it would be the right thing to return it.

But it wasn't the OP's fault, or mistake, from what I have read?

OP - maybe contact the CAB?

Kay Peel - Your post came across very informative but perhaps, umm a bit scary for OP

Kay_Peel

Yes - you're right, Tankgirl - I've just re-read it and my typing fingers were in front of my brain (and heart).
I'll put it another way .......

The OP can choose to stand firm and say that the money's spent and the solicitors can just lump it - it was their mistake, they were slow at spotting it, and they're covered by insurance anyway.

Or she can ask herself whether it's morally right to repay the money. Will her refusal lead to discord with the deceased's family? Is it right to refuse the demand, knowing that it goes against the deceased's wishes?

I know what I would do.

Jaguar1962

Whilst I would be mortified to think that someone else would be going without what could rightfully be theirs, that really wasn't what I was asking. As far as I am aware this came from a sum of money that the residue after all bequests would be going to charities. Moral issues aside. I am asking if they (the lawyers) can legally make us refund the money, as it was quite rightly pointed out they must have indemnity insurance for these kinds of mistakes.