What Is Intermeddling in an Estate?

Intermeddling is when a person (usually an executor but could be a beneficiary not appointed within a Will as an executor) has commenced work on the administration of an estate such as gathering in assets, paying debts and closing accounts for example.

A named executor can choose not to act by completing a deed of renunciation, so long as they have not already intermeddled.

If they have intermeddled, and there are no other named executors, then they have no option but to continue unless they become physically unable to act.

Any executor (or beneficiary) that has intermeddled is liable for the payment of any Inheritance Tax and remains responsible to settle debts with any creditors of the estate.

If there is/are other named executor(s) within the Will that are happy to act then the executor who has intermeddled can request a court declare power is reserved to them (the effective renunciation of their position) and the court will then serve the notice of that power being reserved, to the person who has intermeddled, stating within it the name(s) of the other executor(s) that intend to apply for the grant of probate going forward.

The grant of probate will then be issued by the court stating the name(s) of the acting executor(s) and it will also state that power has been reserved to another executor, but that executor will not be named.