See reviews >
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.
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:
Examples of acts that the Court have held do not amount to intermeddling are:
Where an Executor is appointed in a Will, and they have not intermeddled in an estate, they have four options:
Where someone is entitled to apply to be the Administrator of an estate, they have options 1, 2, and 4, above, available to them.
Instead of a Grant of Probate, they will apply for a Grant of Letters of Administration.
Where someone has intermeddled in an estate, they become an "executor de son tort" and may face various consequences:
Suppose you are appointed as Executor under a Will or are entitled to apply to be the Administrator of an estate.
In that case, you must consider if you want to administer the estate before taking any steps that could be seen as intermeddling.
The experienced Wills, Trusts and Probate team at Myerson can help you with all aspects of administering an estate, and you may be able to appoint Myerson Trust Corporation to take the Grant as your attorney if you don't want to act in the day to day administration of the estate.
Blog
You have gone to the trouble of considering what should happen to your estate on your death and prepared a Will so that your family are provided for. Whether you have prepared the Will yourself, completed a form over the internet or instructed a...
Read Blog
Blog
A recent case heard by the High Court has highlighted the importance of considered preparation, clear drafting, and regular reviews in preparing Wills. Our Wills, Trust, and Probate Solicitors examine the case of Marjorie Thompson , who died in...
Read Blog
Blog
On the Will of a deceased, the date, or lack of, can have significant consequences for executors, beneficiaries, and other parties interested in an estate. These are some common questions that may be relevant to your circumstances. Does a Will Have...
Read Blog
Blog
In England and Wales, you have no legal obligation to register your Will . However, once your Will has been signed, it is helpful for you to inform the Executors of your Will where your original Will is stored, as they will need the original...
Read Blog
Blog
When someone has died, as the surviving relative or spouse, you may be aware that a Will was made, but you are unable to locate the latest Will. The starting point is to always conduct a thorough search for the missing Will. Myerson Solicitors...
Read Blog
Blog
Under English law, a person is allowed to choose who benefits from their estate and how. However, there are certain safeguards – if a person who lacks mental capacity or is subject to undue influence attempts to make a Will , then it can be...
Read Blog
Simon has 10 years of experience acting as a Wills, Trusts, and Probate solicitor. Simon has expertise in administering both taxable and non-taxable estates, as well as complex estates such as those containing business and agricultural property, and cross-border issues.
About Simon Cieluch >
