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A dear friend lost a parent a couple of years ago...a solicitor was used to settle the estate(uncontested will) and after almost a year everything was signed off
and that was that....however after 3 months a letter was received from the solicitor demanding payment for monies from a pension which was paid in error
My friend feels that any monies due were the responsibility of the solicitor and the matter was concluded...any advice appreciated.very much.
and that was that....however after 3 months a letter was received from the solicitor demanding payment for monies from a pension which was paid in error
My friend feels that any monies due were the responsibility of the solicitor and the matter was concluded...any advice appreciated.very much.
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Who is Demandng the Money ??
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The solicitor is demanding the money.
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depends on the circumstances. It's up to the executor to settle the estate and the solicitor is working for the executor (unless the solicitor was the executor).
If you are paid money by mistake, you generally have to pay it back, unless you didn't and couldn't be expected to know it was an error AND you have done something with the money that can't be reversed. If it was a case of a pension not being stopped at the date of death, the pension company will have a claim on the executor as they had a duty to inform them of the death and return any overpayments. The situation obviously gets very murky if the solicitor was the executor when the second paragraph might apply. |
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I was executor for My Dads estate loads of Little things needed paying and people needing Informing ,thankfully I managed to get it right ,You seem an Expert Dave
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thank you guys..the solicitor was responsible for ensuring all outstanding debts were paid...they are claiming that a pension payment
was made in error and the pension provider is entitled to be re-imbursed.....surely it would not take the pension provider over a year to seek his monies returned? |
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If the solicitor signed it off, the onus is completely on him, shirley?
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^ & like you say, twelve months is the cut off point for any recalls, no?
I had a thing with HMRC a few years ago and had to wait twelve months until they couldn't claim any of the money. |
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That was was my thinking trilby...demand for money 3 months after everything signed off.
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likely what happened is that the pension company was informed of the date of death and had a backlog or idiot working for them or both and sent out the demand very late. 12 months is not a significant time as far as the law goes. As I said below:
If you are paid money by mistake, you generally have to pay it back, unless you didn't and couldn't be expected to know it was an error AND you have done something with the money that can't be reversed. |
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Dave - would this be the old 7 years Statute of Limitations, or the 6 years for debts?. As someone said you seem to know your stuff.
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thanks again chaps
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For things like this it is 6 from the date that they should have done something AFAIK.
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