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Any solicitors / probate experts here?

neilrr

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Background:

An elderly friend of mine was long time mates with a bloke of similar vintage who croaked, leaving behind wifey. Over about a decade wifey became increasingly decrepit & befuddled & was eventually moved into a nursing home, funded by the sale of her house & the one next door, which she & hubby had owned. My mate was in charge of her finances (& her really), had POA, ran her affairs, paid the nursing home & other expenses out of her balance. He took no payment or remuneration of any kind for doing this over about a decade, doing it gratis for his dead mate, if you see what I mean. In the end wifey was incapable of doing just about anything & was gaga 95% of the time.

So, wifey dies & my mate is executor. Money left (about £400K as I understand) is divided 7 ways between 6 charities with 1 getting 2/7ths. My mate was left £20K.

As executor he does all the stuff required (for free) & comes to regret it, as it is far more involved & time consuming (2 years) than he had foreseen. Anyhoo, probate eventually is granted & he gets the bumpf back from the court. He looks it over & sees he has made a silly mistake in adding up the accounts & had come up with a figure that is £20K higher than the actual amount of assets she has. It's just an arithmetic error, he added it up incorrectly & did not notice.

He's now worried that because probate has been granted at the higher, incorrect figure he will be on the hook for the extra £20K, the £20K which never existed in the first place as can be verified from all the bank accounts etc.

Is he screwed?

What should he do?

TIA.
 
Last edited:
Neil

I am not a solicitor or lawyer. But I do deal in contract law. My understanding (and hopefully somebody will confirm) is that a "mistake"is viewed as a "mistake" as long as your friend highlights it now to the correct authorities. I think in this case that would be the courts. I do not believe that he can be held liable. He is bringing the mistake to the courts attention and is not seeking to either deceive or profit.

I see this a lot in commercial contracts and as long as it is highlighted and corrected? I have never seen any negative comeback.
 
I would think he could also highlight that he has omitted allowance for his costs in administrating the probate. Again I'm no lawyer, but when I as executor handled my late Mother's estate I charged the estate for my expenses - OK the beneficiaries were myself and my 2 children, but there was no come-back about it.
 
TBH I don't think he cares about getting paid for his time etc, he did this wife watching for his friend.

He's more concerned about being on the hook for the 20 grand.
 
That sort of a mistake is technically known as a 'slip'. In an Adjudication (pretty much what I know about, nothing else) it should be corrected as soon as noticed. By which I mean, if I note a 'slip' by an Adjudicator which leads to an incorrect totting up of an award to a client, I must mention it to the Adj as soon as I notice it in a hyper-polite manner and it is sort of gently corrected in a similarly hyper-polite way (experienced, and as instructed by a Barrister). If you can prove it, perhaps it's best to own up?

At the same time, the chap should have kept records of his costs which could have been claimed against the estate.

Bruce: do you do claims work? Construction industry? Pm me the answer?
 

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