Hi [Insert Name],


In order for us to return the money, it has to be classified as a mistake of fact. We will need for you to determine if this qualifies as such. I have attached an article which may shed some light on whether something qualifies as a mistake of fact: Case of the Week: Returning Contributions Under a Mistake of Fact | National Association of Plan Advisors (napa-net.org).  We cannot provide legal advice so we need you to direct us on how to proceed, but if you have any specific questions, we would be happy to help.


Thank you,



Most of the time, a client will respond stating it was indeed a mistake, however, we need absolute clarity that they have determined this to be a Mistake of Fact. Below is a canned response if you encounter this:


Just to be clear, Mistake of Fact has a very clear legal definition, so I want to confirm that you are asking us to process this due to a Mistake of Fact.