Can Overpaid Inheritance Be Recovered?

[kelfoan]

I have received an inheritance which was administered by a company dealing with the estate. The cheque was received by me about 2 weeks ago. today I have received a letter from the caseworker saying that due to an "administration error" i have been paid the wrong amount (as have all of the other 11 beneficiaries who will also need to repay .) They state that they would "appreciate" the overpaid amount was paid back and have provided their account details for me to credit the money. (£500). Are they LEGALLY allowed to recover this money as it is their error. I understand that they can ask for it but is there any legal gateway for them to force repayment

[EDDIE51]

I'm not certain but as they say they would ''appreciate'' it back I think that it is not enforceable or they would 'demand' it back.
Anyway if I was you I would just say 'sorry, but I've spent it' .

[fiction-factory]

^Even if it means another deserving beneficiary or creditor doesn't get paid?

[fiction-factory]

I suppose when it's a company people see things differently than when individuals are involved

[Old_Geezer]

12 times £500 = £6k. I hope that they are insured against clerical errors.

[fiction-factory]

I think a company like this will be taking a not insignificant sum in fees so maybe can afford to absorb a loss if it's due to their error or may have insurance.
They may have a legal right to recover the money but may decide it's not worthwhile

[ubasses]

Found this which might help until one of the legal people see your thread
.https://www.express.co.uk/finance/crusader/442370/Beneficiary-falls-victim-to-law-firm-s-overpayment-blunder
Looks like unless you have a good defence of why you cannot pay it back, you will have to.

[Barmaid]

Yes, they are legally allowed to recover the money. There may be defences available to you but for the sake of £500 I would be inclined to just repay it.

[Peter Pedant]

II was gonna post{ I really hope Barmaid gives us the answer

and now I can say: hey I am really glad BM gave us......

[Barmaid]

It's a straightforward restitutionary claim PP.

[Peter Pedant]

thx BM - unjust enrichment or is that something else ?

[Barmaid]

without writing a legal essay, basically yes. There are discreet differences but ultimately the payer is entitled to the money back.

[ToraToraTora]

generally in law you cannot legally keep an amount paid mistakenly. You will have to repay it.

[RobNorth]

In this day and age you should never ever pay money into a bank account on request - scammers are everywhere and are very resourceful. Talk to your bank before you do anything.

[EDDIE51]

I would say I have spent it because I was in debt
Then I would offer repayment at £1 a week.
What could they do if you did that?

[Peter Pedant]

well there is a defence to overpaid wages
yeah yeah I know different
which is that it was expected - generally a sensible figure and you have spent it
[but as a rep I never found anyone who was prepared to try]

[zebo]

Can you not request details of the will and a full explanation of the error to ensure that they are being honest? I certainly would be in no hurry without some figures to back it up.