Inheritance being asked to be paid back after 5 years

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Brummydot

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Hi, I hope someone can help. Some very close friends had a tragic accident 10 years ago and they kindly included me in their will. I received two amounts of money, the last being just over 5 years ago. I have now received a letter from a solicitor that is apparently representing the executors advising me not to spend any of the money as it may need to be paid back. I am distraught by the fact that it has been over 5 years ago and as you can imagine I am in complete shock.
I understand that mistakes can happen and have read other posts relating to this but none that go back 5 years. Can anyone help or give me advice.
The letter received says that they are unable to give any further details at present but hope to do so in 3 to 6 months. This is terrible and upsetting as the money has been used to pay some of our mortgage.
 
This makes no sense. Sounds like a scam. Where are you based?

If a solicitor made a mistake then I can't see how you'd have to pay it back, not reasonable after five years and not reasonable when you've spent the money.

How much is it?
 
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Sounds like a spurious action by the other beneficiaries. Was there acrimony when you were included in the will?
 
It sounds like someone is trying to pull a fast one. If the executor and the solicitor couldn't distribute the assets properly, it's their problem. No one can be expected to not spend money they were given 5 years previously. It's their problem, let them pay their money back.

Maybe mf1 can give us her legal opinion on this?


Steven
http://www.bluewaterfp.ie (www.bluewaterfp.ie)
 
You have two issues to consider here: Legal and Moral.

On the legal front, did the Executor obtain an indemnity from you at the time? If the Executor did not, then he is in great difficulty, as my understanding is that you do not have to pay it back. Even if you did give an indemnity, you would need to investigate whether the Executor was negligent in his administration of the Estate.

The Moral issue is a matter for yourself.

Regards

Jim Stafford
 
Thank you all for your comments, the executors was a solicitor and a close friend of the deceased. There were no bad feelings as I know and their death was a very tragic accident 10 years ago.
I agree that how can the executors hand out substantial amounts of money without being sure that the money was there. The money changed my life and allowed me to step back from my job and take care of my parents.
I still care for my mother but work very hard. Being asked to pay the money back would be very upsetting but it is more down to the time scale that is so hard to understand.
I know my dear friends would be devistated with this outcome and stress it can cause.
 
I suspect from your username you are UK-based. IF so, this is an Irish consumer site so laws, experiences and thus opinions may not match up with the UK legal system.
 
Well there is one thing certain ! Where there's a will, there'll be a relative. Remember this for your own sanity.
 
Brummydot said:
Thank you all for your comments, the executors was a solicitor and a close friend of the deceased. There were no bad feelings as I know and their death was a very tragic accident 10 years ago.
I agree that how can the executors hand out substantial amounts of money without being sure that the money was there. The money changed my life and allowed me to step back from my job and take care of my parents.
I still care for my mother but work very hard. Being asked to pay the money back would be very upsetting but it is more down to the time scale that is so hard to understand.
I know my dear friends would be devistated with this outcome and stress it can cause.
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You are a good person, you've done nothing wrong.

Be glad the deceased, your friend, made an effort to change your life. You used that money destined for you to do so, how wonderful it means you can take care of your parents, I'm sure your deceased friend would not want that to change.

Do not be bullied into repaying anything that came your way legitimately, as this money did, despite it possible being the fault of others who may have made an error.
 
On morals, my post was deleted, so I'll go different. OP has done nothing morally wrong.

I find it strange a professional mentioning morals.

Are morals mentioned in court, in banks instructing solicitors and counsel etc

On what planet does a person, broke/not wealthy , doing the right thing, by their mother, get 'morals' mentioned. In a context where they have done absolutely nothing wrong.
 
I think, if we are dealing with large sums here and it has the potential to cause serious disturbance to your life, the time has come to seek a professional independent UK opinion on this one i.e. not the solicitor who dealt with the original will. I am astonished at the possibility you could be asked to repay sums from five years ago that you accepted in good faith and about which there seems to have been no controversy at the time. I think you need now to defend your position to the full extent that the law (UK) permits.
 
I think all seem to be missing the point on this case. Universally worldwide. the purpose of a will, is to issue instructions of the last wishes of those deceased. The job and purpose of an executor is to pay out and administer the estate to the beneficiaries of the will. Personally, I wouldn't take too much notice of what the letters say. If me, I'd love to know who is behind such a claim. If you know them keep a wide berth away from them. Greed and jealousy are both diseases. What's yours is yours. Take care.
 
Bronte said:
On morals, my post was deleted, so I'll go different. OP has done nothing morally wrong.

I find it strange a professional mentioning morals.

Are morals mentioned in court, in banks instructing solicitors and counsel etc

On what planet does a person, broke/not wealthy , doing the right thing, by their mother, get 'morals' mentioned. In a context where they have done absolutely nothing wrong.
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Sometimes, in the sense of judging if an act was conscionable / unconscionable.
 
Nothing to do with the op question but just wondering what happens to an estate that has being dispersed and sometime later evidence comes up to change matters.
 
Change matters in what way? The executor was a crook and pilfered the assets? A "new" beneficiary emerges, back from the dead so to speak? A tax-bill appears? Questions about strings and tape-measures emerge. The answer is it all depends.
 
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To put my question more precise, is there any legal way that can reopen the distribution of an estate that has happened a time back. Example would be if a person is declared dead and turns up years later alive. I recall a Tom hanks film based on a true story of a person presumed dead from a plane crash only to turn up alive years later.
 
john luc said:
To put my question more precise, is there any legal way that can reopen the distribution of an estate that has happened a time back. Example would be if a person is declared dead and turns up years later alive. I recall a Tom hanks film based on a true story of a person presumed dead from a plane crash only to turn up alive years later.
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So where did they get the death cert for probate if the person wasn't dead?
 
There is obviously a moral issue around mistakes in wills. When my mother died my elder brother acted as executor and quickly sold our family home and distributed the proceeds among the 5 of us. Shortly after we received the money AIB made a claim on our mother's estate for €200,000 relating to a personal guarantee that she had given on behalf a very good friend back in 2002. We were shocked, angry and so upset about the guarantee, which my mother had never told anyone about. There was no mention of it in the papers that my brother went through. We took legal advice on it, and the solicitors advice was that it was validly given. The only good thing about it was that we had not yet spent the money which we had received. We could not let our brother, who had acted in good faith, become personally liable for the €200,000, so we all paid back €50,000 each. The guarantee will always rankle me.
 
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