full and final settlement...?

bindi_soup

Hi there, wonder if anyone can shed some light. We had dealings with solicitors regarding the Will of my partners late ex wife. My partners daughter was executor of the Will. The business was concluded amicably in January, with the last Bill being full and final settlement, which was paid without dispute.
In July, some 6 months later, a letter drops on the mat, stating that they have made an error in the funds given over, and the sum of £1067 was paid in error to my partner instead of the solicitors, and could they please have it back. They have shown the calculation of here this error happened, but as they were being paid to administrate this then it was purely their own fault

I'd like some advice please on whether we are obliged to pay this or not? Any help appreciated, thank you!

glentoran99

bindi_soup wrote: »

Hi there, wonder if anyone can shed some light. We had dealings with solicitors regarding the Will of my partners late ex wife. My partners daughter was executor of the Will. The business was concluded amicably in January, with the last Bill being full and final settlement, which was paid without dispute.
In July, some 6 months later, a letter drops on the mat, stating that they have made an error in the funds given over, and the sum of £1067 was paid in error to my partner instead of the solicitors, and could they please have it back. They have shown the calculation of here this error happened, but as they were being paid to administrate this then it was purely their own fault

I'd like some advice please on whether we are obliged to pay this or not? Any help appreciated, thank you!

If the calculation was the other way round would you expect your money?

bindi_soup

We wouldn't have known we were owed it, we just accepted the figure given. The problem is now the money is tied up, so it's not as simple as just handing it over. It shouldn't have been a problem investing it if they had done their job right, and I object a bit to having to take a loan out.

harveybobbles

I'd seek advice from another solicitor - one that does a free hour etc.

I agree if it was the other way round you'd want your money back.

But they are the professionals and should know.

gettingtheresometime

bindi_soup wrote: »

We wouldn't have known we were owed it, we just accepted the figure given. The problem is now the money is tied up, so it's not as simple as just handing it over. It shouldn't have been a problem investing it if they had done their job right, and I object a bit to having to take a loan out.

I guess what people are saying is that if they come back and had demonstrated that you were owed another £1000 would you have dismissed it as an error on their part and not wanted it ?


If you agree the error can you not arrange some sort of monthly repayment?