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lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25386
Experience:  Actively practicing trial attorney
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do you have to refund overpayment from a trust fund

Customer Question

do you have to refund overpayment from a trust fund
Submitted: 5 years ago.
Category: Legal
Expert:  lwpat replied 5 years ago.
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Normally you would have to repay since I assume that the payment was simply a mistake. The basis of the claim would be unjust enrichment.

 

Unjust enrichment means when a person unfairly gets a benefit by chance, mistake or another's misfortune for which the one enriched has not paid or worked and morally and ethically should not keep. A person who has been unjustly enriched at the expense of another must legally return the unfairly kept money or benefits. Unjust enrichment is an equitable doctrine applied in the absence of a contract and used to prevent one person from being unjustly enriched at another's expense.

 

http://definitions.uslegal.com/u/unjust-enrichment/