Solicitor error makes executor duties difficult

by Sarah Ashcroft

A woman has been left confused about what to do after receiving some money from a will, only to be asked to repay it a few months later.

The Guardian reader spent the £945 she had inherited rather promptly, before being contacted by a solicitor acting on behalf of the individual who had been granted executor duties.

A repayment was necessary because the solicitor, who was based in Scotland, had failed to realise that a donation to charity should have been made free of tax.

Financial and consumer rights expert Margaret Dibben explained that this is a very basic mistake that should not have happened, but the money should nevertheless be repaid.

Writing for the publication, she recommended that the reader gets in touch with the Scottish Legal Complaints Commission to make an official complaint.

Several different processes and terms exist within the Scottish legal system that are not applicable in England and Wales.

  • Get expert guidance on how to obtain grant of probate and administer an estate properly with our step by step Executor Guide.

Published on: September 28, 2011

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