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Can solicitor recuperate money overpaid...?

  • 22-08-2014 9:05am
    #1
    Dancost
    Registered Users, Registered Users 2 Posts: 6 ✭


    Quick question for all ye Legal Eagles...

    If a solicitor, when dealing with a will, overpaid the children of the person who passed away by a few thousand each, would that solicitor have a right to recuperate those monies four years later when dealing with the sale of the family home, having not given any prior notice to the children?

    Just wondering...!!! Thanks for any help on this!
    Tagged:


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Dancost wrote: »
    Quick question for all ye Legal Eagles...

    If a solicitor, when dealing with a will, overpaid the children of the person who passed away by a few thousand each, would that solicitor have a right to recuperate those monies four years later when dealing with the sale of the family home, having not given any prior notice to the children?

    Just wondering...!!! Thanks for any help on this!

    Perhaps there might have been an argument that there could have been a resulting trust back to the estate in respect of the overpayment, if it had been made in error, for example. But four years on? That money could be long gone.

    You could go and look up a book on Equity and Trust law in Ireland, and read the chapter on resulting trusts.


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