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  1. #1

    Default Recovery of Erroneous Payment Made by Solicitor

    My dad and my Nans solictor are listed as executors of my Nans will. We have had nothing but problems with the solictor. By way of background, my Nans money was place in a fund for me and my brothers as beneficiaries with my dads brother entitled to receive a yearly income from the fund. This has been agreed at 750 per quarter as long as the fund had seen an increase in value. The Solicitor erroneously paid my uncle 750 when the fund did not see an increase in value. My dad referred this to the ombudsman as they tried to dispute it was an erroneous payment. The ombudsman found that it should not have been paid and the solictor was therefore liable. 18 months later the solicitor is saying they are legally entitled to recover the 750 from the fund. We have responded and said this goes against the ombudsmans findings so they are not entitled to recovery. Are they able to recover the amount paid in error from the fund? This is under UK law.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,488

    Default Re: Recovery of Erroneous Payment Made by Solicitor

    I'm sorry, but we have no experts in UK law here. This is primarily a US forum and the law is not the same.

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