After someone dies, their personal representative(s) will take on the role of estate administration. This is either one or more executors appointed in the individual’s Will, or one or more administrators, if the deceased did not leave a Will.
If someone starts dealing with the estate, this is known as intermeddling in an estate. Once the individual has taken certain actions and intermeddled, they cannot later decide that they do not want to act.
This means that if you do not want to be an executor or administrator, you must be very careful not to deal with the estate as if you have the authority to do so.
The reason for the rules surrounding intermeddling is that the law intends for someone who deals with an estate to be legally accountable. If errors are made that cause a loss to the estate, the person who made the errors will be personally liable.
Summary
This article includes:
- What does intermeddling mean?
- What is classed as intermeddling?
- What is not intermeddling?
- Why intermeddling matters
- Intermeddling and renouncing probate
- What happens if you have intermeddled and you want to step down?
- How to avoid unintentional intermeddling
- Intermeddling vs normal estate administration
- Professional guidance
What Does Intermeddling Mean?
Intermeddling is dealing with an estate after someone’s death as though you have the authority to do so. This includes carrying out actions that would generally be done by the estate’s executor or administrator.
By holding yourself out as the estate’s personal representative, you should subsequently take on the role officially by applying for a Grant of Probate or, if the deceased did not leave a Will, a Grant of Letters of Administration. If you do not intend to do this, you have intermeddled in the estate, and it is advisable to seek legal advice on how to extricate yourself and minimise the risk of becoming personally liable for estate losses.
Both the will’s named executors and its beneficiaries can intermeddle, intentionally or otherwise. Anyone acting without a formal appointment may be accused of intermeddling if they take certain actions.
What Is Classed As Intermeddling?
While there is no statutory definition of intermeddling, the courts have ruled on various actions in a range of case law, classing the following as intermeddling:
- Selling estate assets
- Giving away the deceased’s personal possessions
- Paying the deceased’s debts
- Collecting debts owed to the deceased and providing receipts
- Carrying on the deceased’s business
What Is Not Intermeddling?
The courts have found that the following actions do not necessarily amount to intermeddling, although you should proceed with caution and ideally not involve yourself in an estate that you do not intend to administer:
- Arranging the funeral and paying for it from estate funds
- Arranging insurance of the deceased’s assets
- Arranging for urgent repairs to any property or other assets owned by the deceased
- Putting together an inventory of the deceased’s assets and liabilities
- Securing the deceased’s assets, including collecting them in
- Collating the deceased’s paperwork
- Opening an executor’s bank account
Why Intermeddling Matters
Intermeddling is seen as taking on a role in the estate and means that the individual could face personal liability for estate losses.
If you have been named as an executor in the Will, it is relatively easy not to take up the role if you would prefer not to, provided you have not intermeddled. Once intermeddling in an estate has taken place, it is far more complicated for someone to step back.
Implications of intermeddling
- Executors could face a delay in securing the Grant of Probate while the courts decide whether to allow someone who has intermeddled to be allowed to discontinue
- Beneficiaries are likely to have to wait longer for their share of the estate while the executors or administrators deal with the complication of intermeddling
- Family members could have concerns about the actions of someone who does not intend to take on the estate administration in an official capacity, including accepting liability for any loss caused to the estate, and there is a risk that this could result in disagreements
Intermeddling and Renouncing Probate
If a named executor does not want to take on the role when the time comes, provided they have not intermeddled, they can sign an official deed of renunciation, giving everyone notice of this. The document is then passed to the other executors or personal representatives, who will send it to the Probate Registry together with their application for a Grant of Probate or Grant of Letters of Administration with Will Annexed. This is the document issued when no executors wish to act, and another individual will be taking on the estate administration.
Renouncing probate is simple to arrange and should not cause undue delays. Where another executor is not available, someone else will need to deal with the estate administration. This is usually a beneficiary named in the Will.
There are many reasons why an executor may want to renounce, including ill health, not wanting to be involved in an estate where there is the potential for disputes, or where they believe there is a conflict of interest.
If they simply do not have the time to devote to the estate administration, they can engage a probate solicitor to deal with this on their behalf.
An alternative to renunciation is to have power reserved. This allows a named executor to take no part in the estate administration, but gives them the option of stepping in at a later date. This is done by asking the court to grant a double probate.
“I Have Intermeddled, and I Want To Step Down”
If you have intermeddled, but you do not want to take on the estate administration, it is important to take prompt action to resolve the situation. If you have not applied for a Grant of Probate or a Grant of Letters of Administration within six months, you can be cited by the court. This is an order requiring you to apply for a grant without delay.
Alternatively, if the court decides that your handling of the estate is unsatisfactory, you may be removed from dealing with it.
If you decide that you do not want to act, you must immediately stop dealing with the estate. You will need to apply to the court to be discharged. If the beneficiaries and any other executors are in agreement, you can send evidence of this together with your own statement setting out why you wish to be removed and naming a replacement.
Where the beneficiaries object, you will have to explain the situation. The court will decide whether it is prepared to release you or whether you will be required to apply for a grant and complete the estate administration.
If you have intermeddled, and you have concerns about your position, you are strongly advised to speak to an expert probate solicitor. It is important to minimise your exposure to risk and ensure legal compliance going forward.
How To Avoid Unintentional Intermeddling
Executors should seek legal advice before acting on the estate’s behalf. A probate solicitor will be able to advise on what is safe to undertake before grant of probate or formal appointment.
It is generally safe to withdraw funds for funeral arrangements and to secure assets before the formal appointment of an executor. Beneficiaries and family members who are not named as executors should leave other tasks to the estate’s executors or administrators to avoid intermeddling.
If you are concerned that an action needs to be taken, you need to discuss this with the executors, or if you are waiting for formal appointment, with a solicitor.
Intermeddling vs Normal Estate Administration
If you will be taking on the role of executor or administrator, you can formally deal with the estate as needed. You need to apply for a Grant of Probate or a Grant of Administration as soon as you are able. This is the official document which will give you the authority you need to deal with the deceased’s assets and liabilities, and to distribute the estate to the beneficiaries when the time comes.
Intermeddling can often occur when those close to the deceased take informal actions to deal with the deceased’s affairs after their death. Wherever possible, it should be left to the estate’s executors or administrators to manage matters, with the general exception of funeral arrangements.
Professional Guidance
If you have concerns about the handling of an estate after someone’s death, you should speak to a probate solicitor. This is particularly important if intermeddling has occurred or if there is potential for a dispute. Will disputes and contentious probate matters can be extremely damaging, harming family relationships and potentially draining an estate of funds if they result in a court dispute.
Probate solicitors always aim to resolve matters amicably, and can calm emotions and guide you through what is likely to be a difficult time.
If you want to take on the role of executor, but you do not wish to handle the estate administration personally, a probate solicitor can do the work on your behalf. This will allow you to comply with the deceased’s wish that you act as their executor, while reducing the burden on you.
Estate administration is generally a lengthy process, with numerous HMRC forms to complete and the need to produce detailed estate accounts. By instructing a probate solicitor, you can be sure that everything is dealt with efficiently and that the estate is wound up as promptly as possible, ensuring that the beneficiaries receive their inheritance as soon as practicable.
Contact Our Probate Solicitors
If you have been given the role of estate executor, or you need to take on this role for someone who does not want to act, our experienced probate solicitors can give you the advice and guidance you need.
For information on dealing with estate administration and our related services, see our Wills, trusts and probate page.
To speak to one of our expert probate solicitors, ring us on 0330 912 4869, email us at info@witansolicitors.co.uk or fill in our contact form, and we will talk through your situation with you and discuss how we can assist. We have offices in Birmingham, Northampton, London and Wellingborough.
