Q&As

What is the definition of ‘intermeddling’ in an estate? Can an executor make a claim against the estate for either proprietary estoppel or under the Inheritance (Provision for Family and Dependants) Act 1975 without renouncing their executorship? Can an executor, before the application for the grant, appoint an attorney to act on their behalf to allow them to pursue those claims?

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Produced in partnership with James Smith of Mishcon de Reya
Published on: 01 August 2019
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This Q&A assumes that the executor is one of several personal representatives (PRs) and has an interest in the Estate beside the executorship.

Intermeddling

Intermeddling occurs where a person handles the deceased’s assets and/or holds themselves out as an executor. There is no formal test for what constitutes intermeddling, but the threshold is not high. For examples where the court has found intermeddling, see Holder v Holder and Re Stevens. In considering whether a particular act amounts to intermeddling, it is often useful to consider whether that act, had it been carried out by someone who had not been not nominated as an executor, would be likely to make such a person liable as an executor

James Smith
James Smith

Mishcon de Reya

James is an Associate in Private Wealth Disputes team, specialising in disputes relating to probate, the validity of Wills, intestacy, international succession, claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, trusts, mental capacity and the Court of Protection, administration actions under Part 64 of the Civil Procedure Rules (such as the determination of questions arising in the administration of an estate or a trust) and applications for directions. He also has experience in litigation involving the Trusts of Land, Appointment of Trustees Act 1996 and the enforcement of judgments.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Intermeddling definition
What does Intermeddling mean?

An individual who performs certain duties which a personal representative would perform to administer a deceased’s estate intermeddles in the estate. By performing these duties, the individual holds themselves out to be a personal representative and is deemed to have accepted the role.

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