Areas of Law / Wills and Probate

I’m executor of my cousin’s will. She wanted her money to go to a charity, and I sent them £12,000. Now I’ve had a demand from the Recovery of Estates asking for the return of more than £21,000 they say she wasn’t entitled to.

I wonder whether you’ve actually had a demand from the Recovery of Estates (who act for the DWP) or a standard form asking you to delay distribution of the estate until they’ve checked whether they’re owed money? If you’ve had a demand, your liability will depend on whether you took out appropriate protection under the Trustee Act 1925 ie. placed advertisements notifying potential creditors. You can usually distribute the estate two months after the appearance of such notices. You may find it very difficult to recover the money you sent to the charity at this stage. See a solicitor.

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