Intermeddling meaning

Mitchell and others v Al Jaber; Al Jaber and others v JJW Ltd [2024] EWCA Civ 423 What are the practical implications of this case? In most cases, once a company enters liquidation, directors recognise they have no ongoing function after a liquidator is appointed and simply meet their obligation to co-operate with the liquidator. If they nevertheless choose to make decisions or take action after liquidation, they risk being treated as intermeddlers. As intermeddlers, directors assume a fresh suite of duties and, if these are breached, the liquidator may bring a claim against them. Though it is uncommon for directors to try to continue directing or influencing a company in liquidation, this judgment allows liquidators to remind directors to yield to the liquidator’s authority and, if a director still acts rashly, to hold them liable for any losses or damage resulting from such ill-advised behaviour as intermeddlers. It is an additional, if somewhat niche, tool for liquidators in carrying out their role. What was the background?...

See Q&A: If an executor has intermeddled, can they have power reserved to them? An executor is regarded as having intermeddled when they undertake tasks connected to the deceased’s estate. By undertaking such steps, the individual in effect takes on the duties of a personal representative (PR), even where they would prefer not to serve in that role...

See Q&A: Where an executor’s power is reserved, is it improper for them to organise and personally fund valuations of estate assets? Could that constitute intermeddling at all? Intermeddling arises when a person undertakes the functions of a personal representative (PR) without officially obtaining a grant of probate...

There are several routes, both uncontested and contested, to remove a personal representative; below is an outline of each method. Renunciation An executor can disclaim the right to apply for a grant of probate by a signed, witnessed written renunciation filed at the probate registry (see Practice Note: Removal, renunciation and retirement of personal representatives). Renunciation is barred where the executor has already intermeddled with the estate (see Practice Note: Intermeddling in an estate). By contrast, an administrator need not make any statement about intermeddling. A template for administrators’ renunciation appears in Form PA16. If an executor declines to renounce or to extract probate at that stage, the proving executors may obtain probate with power reserved to that executor instead (see Practice Note: The type of grant needed). Passing over–section 116 Senior Courts Act 1981 Under section 116 of the Senior Courts Act 1981 (SCA 1981), the court can, in special circumstances, if necessary or expedient, pass over the person otherwise entitled to the grant—even one...

Executors General An executor is an individual chosen by the testator, usually in a Will or codicil, to: administer their assets, and give effect to the terms of the Will The office of executor arises from the testator’s Will or other testamentary instrument. A grant of probate confirms the executor’s authority. In practice, an executor can normally demonstrate entitlement only by securing probate, which banks and other bodies often require before allowing the executor to deal with and collect in the asset. The testator’s property vests in the executor from the moment of death without any gap in time. A testator may appoint: different executors for distinct parts of the estate some persons as executors of assets overseas and others for property in the UK separate executors for real property separate executors for literary estates The High Court may grant probate or letters of administration for any portion of the deceased’s estate, limited...

Private Client England & Wales glossary A Abatement When, after settling the deceased’s funeral costs, debts and liabilities, the remaining estate cannot satisfy all legacies in full, the gifts are reduced accordingly, unless the Will shows a different intention. In a solvent estate, the order for reduction appears in Part II of Schedule 1 to the Administration of Estates Act 1925. Refer to Practice Note: Payment of legacies. Accruals basis Where income is taxed on an accruals basis, it is attributed to a given tax year by reference to the number of days within that year during which the activity giving rise to the liability accrued. See Practice Note: What is the basis of income tax?. Accumulation and maintenance (A&M) trust A form of non‑interest in possession trust designed to benefit children and young people up to 25, which received favourable inheritance tax treatment between 1975 and 2006. See Practice Note: Accumulation and maintenance trusts—IHT [Archived]. Accredited Legal Representative (ALR) ...

When someone undertakes tasks connected to the deceased’s estate, they are treated as an executor who has intermeddled. By doing so, that person effectively assumes the position of personal representative (PR), even where they did not intend to act. As a result, they may become responsible for the consequences of those actions in respect of the estate...

The following assumptions can be taken from this question: first, that the person in question has been duly named to act as executor under a valid Will; and secondly, that they have handled all of the estate's assets before any formal grant has been obtained...