Dealing with the Estate of Someone Who Has Died

Who can deal with a deceased persons estate? 

The Personal Representatives are responsible for dealing with the estate. Where a valid Will exists, the Personal Representatives are the Executor(s) appointed in the Will. In the absence of a valid Will the rules of Intestacy will apply and the Personal Representatives are the Administrators of the Estate. Only the Personal Representatives are entitled to deal with the estate.

What if I am appointed as a Personal Representative but I do not want to act?

Personal Representatives appointed under a will are under no obligation to act as Executors and they can formally renounce probate. Please have a read of the following Johnson Astills  article for further information on this matter: https://www.johnsonastills.com/site/blog/wills-probate-blog/what-happens-if-i-am-an-executor-and-i-dont-want-to-act.

If you think that you may wish to renounce probate, it is very important that you do not start to deal with the deceased’s estate as this could be classed as intermeddling.

What is Intermeddling?

Intermeddling is performing actions that would usually be carried out by the deceased’s Executor / Personal Representative. Essentially this means that you are holding yourself out to be a Personal Representative – even if you are not entitled to act as such, by doing so you are deemed to have accepted the role of Personal Representative.

Section 28 of the Administration of Estates Act 1925 (AEA 1925) provides that an individual intermeddles (and is, therefore, generally an executor de son tort) when they:

Obtain, receive or hold the deceased’ s assets without full consideration, or

Release any debt or liability due to the deceased’ s estate.

The Courts have accepted that individuals do not intermeddle when they perform acts of necessity or of charity. The exceptions to the general rule mean that it can be difficult to determine what is classed as intermeddling; however, Johnson Astills  would be happy to provide you with further advice on this matter.

What are the consequences of Intermeddling?

If you intermeddle in an estate, you are not entitled to renounce and must progress the administration of the estate. This can be an onerous job; a lot of work is often involved, and Executors can be liable to creditors and some beneficiaries.

How can we help?

Johnson Astills will consider your individual circumstances and can advise you whether you should take on the role of Personal Representative for a loved one’s estate.

Please get in touch with Johnson Astills today and we would be more than happy to discuss your requirements further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Wills and Probate Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.