Intermeddling

• Published date: 25 May 2023
• Subject Matter: Tax, Family and Matrimonial, Inheritance Tax, Wills/ Intestacy/ Estate Planning
• Law Firm: Myerson Solicitors LLP
• Author: Myerson Solicitors LLP

When someone dies, their assets and liabilities (collectively their estate) must be dealt with by their Personal Representatives (either Executors or Administrators).

If the deceased left a Will, this will usually specify who the Executors should be.

Where there are no Executors, for whatever reason, the order of entitlement to apply to be the Administrator of the estate is set out in law.

What is Intermeddling?

Intermeddling is performing actions that would normally be carried out by the deceased's Personal Representative (and essentially holding yourself out to be a Personal Representative), which include:

• Selling the deceased's assets.
• Disposing of the deceased's personal possessions.
• Paying debts owed by the deceased.
• Collecting debts due to the deceased and providing receipts for their payment.
• Carrying on the deceased's business.

Examples of acts that the Court have held do not amount to intermeddling are:

• Organising the deceased's funeral and arranging payment from their estate.
• Insuring the deceased's assets.
• Collecting the deceased's assets for safekeeping.
• Gathering the deceased's papers.
• Creating an inventory of the deceased's assets/liabilities.
• Arranging urgent repairs to the deceased's property/assets.
• Opening executor's bank account.
• Providing food to the deceased's dependent children and animals.

Options for a Personal Representative who has not Intermeddled

Where an Executor is appointed in a Will, and they have not intermeddled in an estate, they have four options:

1. Apply for the Grant of Probate: the Court will confirm the Executor's appointment and the Executor will have full legal authority (jointly with any other Executors who have applied) to administer the deceased's estate.
2. Appoint an attorney to apply for the Grant and administer the estate on your behalf: This can be a friend, relative, or professional (our Trust Corporation are appointed as attorney for several Executors).
3. Have power reserved to them (if there are other Executors appointed who wish to take the Grant): this means the Executor is stepping back when it comes to administering the estate and will not have the authority to administer the estate initially, but that they can apply for a Grant in their own name at any time.
4. Renounce their right to take the Grant: an Executor appointed under a Will is initially under no duty to administer the deceased's estate. By renouncing, this means that the Executor no longer has any power to administer the deceased's estate and...