Overpayment of inheritance - who is liable?

[klingklang]

Looking for some advice please. I have recently received some inheritance and paid off my mortgage. Since then I have been asked to pay back a percentage because further beneficiaries have come to light and are now claiming from the estate. I have been threatened with court action by the executer if I don't pay. The executer was aware of these beneficiaries but chose to ignore although he denies this, I have evidence to prove otherwise. What are my rights, do I have to pay it back or is the executer liable?

[Amethyst]

Re: Overpayment of inheritance - who is liable?

Claims by relatives and dependents must be made within six months of the grant of probate although in some circumstances a Beneficiary making a claim against an estate may have 12 years from the date of death.

When was probate granted ?

[klingklang]

Re: Overpayment of inheritance - who is liable?

Not sure of the date when probate was granted but the death was around 18 months ago.

[Amethyst]

Re: Overpayment of inheritance - who is liable?

Was there a will ?

[Amethyst]

Re: Overpayment of inheritance - who is liable?

Executors Liability Insurance

''Distribution

If you misinterpret the will and overpay one of the beneficiaries you may need to make up the difference to the other beneficiaries. If one of the beneficiaries is bankrupt then his creditors must be paid by you, as executor, before anything is given to the beneficiary. Even if you were not aware of the bankruptcy you will still be liable if you get this wrong.''

It's not something I know off the top of my head but in the morning there should be more people around who know definitively.

[klingklang]

Re: Overpayment of inheritance - who is liable?

Yes and they are in the will. Thanks for your help.

[Amethyst]

Re: Overpayment of inheritance - who is liable?

Oh so it was on purpose.

Were you aware at the time of distribution?

[leclerc]

Re: Overpayment of inheritance - who is liable?

I was going to say that surely there was a copy of the accounts for the beneficiaries to sign. Did this take place? What documentation was there that the other beneficiaries were excluded on purpose?

[Amethyst]

Re: Overpayment of inheritance - who is liable?

The executor is liable. If you were aware you may be liable. depending. How much are we talking about ? You need to check with a solicitor.

Has the executor issued a claim against you?

[des8]

Re: Overpayment of inheritance - who is liable?

Basically Ame is correct, if executors make a mistake it is on their head (which is why sensible executors effect liability insurance).
And even if the executor was to try and recover the overpayment you could put up the defence of change of position.(if you were convinced it was your entitlement)

[klingklang]

Re: Overpayment of inheritance - who is liable?

Oh so it was on purpose.

Were you aware at the time of distribution?

No I was only made aware when the solicitors letter arrived.

[Amethyst]

Re: Overpayment of inheritance - who is liable?

You should be fine - but you will need to respond to the solicitors letter - can you copy the letter onto here (anonymised of course)

[klingklang]

Re: Overpayment of inheritance - who is liable?

I was going to say that surely there was a copy of the accounts for the beneficiaries to sign. Did this take place? What documentation was there that the other beneficiaries were excluded on purpose?

I have a copy of the accounts although the beneficiaries were not asked to sign them. I have a signed statement saying the executer was aware of these beneficiaries.

[klingklang]

Re: Overpayment of inheritance - who is liable?

You should be fine - but you will need to respond to the solicitors letter - can you copy the letter onto here (anonymised of course)

I have not replied yet and will try and copy the letter on here although not sure how?

[klingklang]

Re: Overpayment of inheritance - who is liable?

You should be fine - but you will need to respond to the solicitors letter - can you copy the letter onto here (anonymised of course)

Hi, I'm struggling to copy the letter onto here. Any advice what I should put in my reply?