Possible mistake with bequest, do we have to repay.

Horace92

Im in England.We've just received a bequest from a relative. Signed off by the executer and solicitor. The executer(who is also the main beneficiary of the estate) tells me an error has been made and we've been overpaid. We think what we've received is fair. Can we be made to return the overpayment?

tetrarch

It all depends on the will. "Fair" doesn't really come into it

What does the will actually say?

Regards

Tet

Grumpy_chap

Horace92 said:

Im in England.We've just received a bequest from a relative. Signed off by the executer and solicitor. The executer(who is also the main beneficiary of the estate) tells me an error has been made and we've been overpaid. We think what we've received is fair. Can we be made to return the overpayment?

The Estate has to be distributed by the Executor in accordance with the Will.  If an error has been made in calculating the percentages then the Executor needs to correct that - the right thing to do is for the Beneficiary who received too much to return the overpayment.  The legal position might give the Beneficiary some stronger grounds, but that will be at the expense of future relationships with the Executor and whoever should have received the money.

Keep_pedalling

What did you receive and what did the will say you were entitled too? If the will left you a percentage and the executor miscalculated then it should be paid back but I would want to see a copy of the will and a full set of estate accounts before doing so.

Horace92

The executer says they misread the will.  We don't think they did, the solicitor obviously thought he(the solicitor) was correct to.

Hoenir

We've no idea what the error is. If the distribution made is incorrect. Then the exectutor can use legal means to recover the monies. 

Savvy_Sue

Have you seen the will? And have you been told what the error is, so that you can satisfy yourselves? 

user1977

If you have no idea what the error is (or isn't), then you'll need to find out before anybody can give you worthwhile advice.

But the basic principle is that mistakes can be corrected. I'm sure if they had accidentally given you too little, you'd expect that to be sorted.

Marcon

Horace92 said:

Im in England.We've just received a bequest from a relative. Signed off by the executer and solicitor. The executer(who is also the main beneficiary of the estate) tells me an error has been made and we've been overpaid. We think what we've received is fair. Can we be made to return the overpayment?

If the overpayment is an error, then yes you can. The legal principle (if you really want the jargon!) is 'restitution for unjust enrichment'.

That assumes it really was an error and what you've received is demonstrably at odds with what you were left under the will - and from what you've said, it sounds as if this wasn't the best-written will in the world.