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Executor has overpaid residual beneficiaries and wants it back
Comments
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Unless the money has already been spent and is irrecoverable, it's hard to see how a change of position defence would succeed. Giving cash to your spouse isn't generally deemed to make the money 'irrecoverable'.Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!0
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As you are married, I find it a little strange/unusual that you transferred half of the money to your wife. I wonder if a Court would view that as suspicious as it could point to the fact that you knew you had received far more than expected and took steps to 'change your position'.
Just sayin .........0 -
What was the error in the accounts?0
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How much was the overpayment? How did the error occur?0
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andrew_hardwick wrote: »If half of the estate has been passed outright to my wife surely I have no legal right to request it back to enable the refund to take place in full?
Sure you do, just divorce her.
If that is undesirable it would be advisable to request it politely.0 -
As you are married, I find it a little strange/unusual that you transferred half of the money to your wife. I wonder if a Court would view that as suspicious as it could point to the fact that you knew you had received far more than expected and took steps to 'change your position'.
Just sayin .........
Also i cannot see a major firm of solicitors fighting to get their money back:rotfl::rotfl::rotfl:0 -
Why are you prepared to go to such lengths to keep funds that you were never entitled to?0
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andrew_hardwick wrote: »Thanks for the comments
If half of the estate has been passed outright to my wife surely I have no legal right to request it back to enable the refund to take place in full?
Don't worry. When they say they want the money back, it doesn't have to be the exact same money.
If you can't get it back from your wife, money from your own account will be just as acceptable to them0 -
Thank you all for your comments which i have contemplated with interest
I now know how i am going to deal with this issue
Happy New Year0 -
I can't help but feel this is one of these topics where the OP ignores all the questions, disappears and then reappears in 6 months once it's all gone wrong.0
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