Intermeddling Definition

GLOSSARY

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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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In what circumstances can you assign a claim or cause of action?

In what circumstances can you assign a claim or cause of action? This Practice Note sets out the requirements and considerations for permitted assignment of claims or causes of action in English civil litigation. For guidance on how to assign a claim or cause of action, with particular consideration as to what should be included in the assignment documentation, see Practice Note: How do I assign a claim or cause of action? Note: in this Practice Note, we refer to the assignment of both causes of action and claims. We define a cause of action as '...a factual situation the existence of which entitles one person to obtain from the court a remedy against another person' (Letang v Cooper) and a claim as the formal assertion of a cause of action by a claimant against a defendant. In the authorities, the phrases 'assigning a cause of action' and 'assigning a claim' are sometimes used interchangeably. For the purposes of this Practice Note, unless the context indicates otherwise, we...

Appointment of personal representatives

Appointment of personal representatives An executor is a person appointed by a valid Will or codicil to administer the testator’s property and carry out the provisions of the Will. An administrator is a person appointed by the court to administer the property of a deceased person where they were not appointed in the deceased’s Will (either because the Will did not make a valid appointment of executors, the executors were unable or unwilling to act or there was no Will). The term personal representatives (PRs) includes both executors and administrators. See Practice Note: Definition of a personal representative. Appointment of executors Executors may be appointed: • expressly by Will • impliedly by Will (according to the terms of the Will) • by a person nominated in the Will to appoint executors and if so, the nominated person may appoint themselves as executor • through the chain of representation, or • by the court Acceptance of office Methods of accepting the office of executor include: • obtaining a grant...

Discover our 19 Practice Notes on Intermeddling

Where no grant was needed in an intestate estate which was thought to be insolvent and the deceased's son agreed with the creditors to write off the deceased's debts, what is the position where it later comes to light that the estate is entitled to £20,000 from another estate? Is a grant required and who would inherit any (surplus) assets?

Where no grant was needed in an intestate estate which was thought to be insolvent and the deceased's son agreed with the creditors to write off the deceased's debts, what is the position where it later comes to light that the estate is entitled to £20,000 from another estate? Is a grant required and who would inherit any (surplus) assets? Whether or not a grant of letters of administration in the deceased's estate is required in order for the personal representatives (PRs) of the other estate to distribute assets to the PRs of thedeceased's estate will depend on the type of assets in the estate and the PRs’ own requirements. See Practice Note: Devolution of assets and the need for a grant. In terms of the beneficial entitlement on the deceased's intestacy, this Q&A refers you to the following Practice Notes: • Intestacy—summary • Intestacy—beneficial entitlement • Entitlement on intestacy—flowchart • Intestacy—beneficial entitlement—Q&As If a grant of letters of administration is obtained in the deceased's estate,...

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?

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? 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...

See the 24 Q&As about Intermeddling

Directors have ‘duties’ even after liquidation (Mitchell v Al Jaber)

Restructuring & Insolvency analysis: The Court of Appeal, when applying English case law to the liquidation of a BVI registered company, held that while a director’s duties mostly end on liquidation, similar fiduciary duties arise when a director is an intermeddler. The director is not at liberty to deal with the assets of the company which should be handed to the liquidator to deal with. In effect, a director has duties after liquidation which, while different to those in existence before liquidation, can nonetheless leave the director open to a claim by the liquidator if they cause any loss or damage to the company in liquidation. Written by Mark Sands, Head of Insolvency at Apex Litigation Finance Limited.

Private Client weekly highlights—23 May 2024

This week’s edition of Private Client highlights includes: (1) the Court of Protection approves indefinite extension of injunction against P’s son in order to protect and support best interest decisions made for P (MK (‘P’), In the Matter of); (2) the FTT considers main purpose test in applying the transactions in securities regime to a buyback of EIS shares (Osmond v HMRC); (3) tax avoidance is not a prohibited purpose for transactions defrauding creditors (Purkiss (as liquidator of Ethos Solutions Ltd) v Kennedy); and (4) Finance (No. 2) Bill will receive its second reading and pass through all remaining stages on 24 May, following the announcement that a general election will take place on 4 July.

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