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F E Smith
F E Smith,
Category: Scots Law
Satisfied Customers: 9324
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The following is an extract of a letter I sent to my

Customer Question

The following is an extract of a letter I sent to my siblings:
'I confirm having met with J to review the amounts withdrawn by me from various bank accounts in Mum's name and have come up with the sum of £x, including an interest figure of £y, to be restored by me in the final accounting of the estate.'
My question is, does this constitute a unilateral agreement by me which is irrevocable?
Submitted: 1 year ago.
Category: Scots Law
Expert:  F E Smith replied 1 year ago.

Could you explain your situation in a little more detail please?

Are you asking whatever you have said here is legally binding?

Customer: replied 1 year ago.
is it legally binding?
Expert:  F E Smith replied 1 year ago.

I am happy to telephone you with you wish but there is an extra cost which I will submit a premium service proposal.

It’s very difficult to answer without knowing the full background.

In my opinion you are making a statement not an offer to pay.

You said that you’ve come up with a figure including interest to be restored. You are not saying that you will agree to do this.

For there to be a legally enforceable agreement, there needs to be an offer and an unequivocal and unqualified acceptance. Therefore, even if this does constitute an offer to repay, it appears that no one has yet accepted it and an offer can always be withdrawn at any time until it’s been accepted. You cannot unilaterally make an agreement. It needs 2 parties.

If the siblings had said to you, okay, put that money back into the account, I think you may struggle a little.

I don’t know the circumstances of this money being removed from your mother’s account and why it needs to be repaid.

Can I clarify anything for you? Please do not forget to rate the service positive. It is an important part of the process by which experts get paid.

Best wishes.

FES

F E Smith and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for clarifying my position which is in accordance with what I thought.
Regards
Andrew *******