After a death, the personal representatives of the deceased have the job of winding up the estate. If they don’t want to take on the role, they need to avoid intermeddling.
Intermeddling is taking action to deal with the estate as if someone has the right to do so, and as if they will be winding up the deceased’s affairs.
When someone intermeddles, they cannot then decide not to act as the deceased’s personal representative. The reason for this is that once someone is involved in an estate administration, it must be possible to hold them accountable for their actions.
Who is a personal representative?
A personal representative is either the deceased’s executor, named by the deceased in their Will, or, if the deceased did not make a Will, the deceased’s administrator. The administrator is generally someone who is entitled to inherit the estate under the Rules of Intestacy, often a spouse or child of the deceased.
The executor or administrator has the task of winding up the deceased’s estate.
What is estate administration?
Estate administration is the finalising of the deceased’s affairs. It includes the following:
- Valuing the estate, to include identifying all debts
- Calculating and paying Inheritance Tax, where this is due
- Applying for a Grant of Probate or, if the deceased did not leave a Will, a Grant of Letters of Administration
- Collecting in the deceased’s assets
- Clearing the deceased’s debts
- Identifying all of the estate’s beneficiaries
- Preparing detailed estate accounts
- Distributing the estate
What constitutes intermeddling?
Intermeddling is dealing with the estate as if you have the authority to do so. Actions which have been held by the courts to constitute intermeddling include:
- Selling the deceased’s assets
- Giving away the deceased’s possessions
- Paying estate debts
- Collecting money owed to the estate and providing a receipt for the money
- Carrying on a business owned by the deceased
Are any actions permitted?
While there is no strict definition of intermeddling, in some cases, the courts have allowed individuals to carry out work without classifying it as intermeddling. However, a cautious approach is recommended, and if you do not want to be the estate’s executor or administrator, you should avoid involving yourself wherever possible.
Some of the work allowed by the courts includes:
- Making funeral arrangements
- Using estate funds to pay for the funeral
- Arranging for urgent repairs to a property or other asset
- Inventorying the deceased’s assets
- Identifying the deceased’s liabilities
- Putting together paperwork in respect of the estate
- Opening an executor’s bank account
What should you do if you don’t want to administer an estate?
It is important to decide early on whether you wish to take on the estate administration or not. If you do not, you should try to avoid any involvement in matters. If you can establish who will be dealing with the estate, they can take on any necessary work instead.
When the time comes to apply for a Grant of Probate, you will simply need to renounce your role, which is relatively straightforward.
Another option is to take on the role of executor or administrator but to engage a probate solicitor to carry out the work on your behalf. This can reduce the personal risk to you, and is also a popular option for those who do not have a substantial amount of time available to devote to the task, which can be very time-consuming.
Using a probate solicitor is also a good choice if there is a risk of family disagreements. An experienced probate solicitor will be able to handle beneficiaries professionally and keep matters cordial. If family members are dealing with everything themselves, there is a wide scope for disagreement if beneficiaries feel that matters are not progressing quickly enough or if they are not happy with the way matters are being handled.
A final option is to have power reserved to you. This means that you would be named as an executor on the Grant of Probate, but would not take any part in the estate administration. Should you wish to be involved at a later date, a further application could be made to the Probate Registry to allow you to step in to help.
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If you would like to speak to one of our expert estate planners, ring us on 01634 353 658 or email us at rob@pembrokewillwriters.com.