What is Intermeddling in an Estate?

Last Updated on May 6, 2026 by tanya

What is Intermeddling in an Estate?

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

Common Examples of Intermeddling in Probate Disputes

If a loved one dies, people often act quickly – but what exactly is intermeddling in an estate? A family member make take it upon themselves to clear a house, move money, sell the car, pay bills, or “sort things out” for the family. Most of the time, those actions come from a good place. But in England and Wales, stepping in too soon can create a serious legal problem called intermeddling.

It sits at the heart of many contentious probate disputes, especially where someone deals with estate assets without legal authority. It is also closely linked to an legal concept: executor de son tort which means an “executor of their own wrong”.

Someone acting as an executor without probate can quickly lead to family conflict and contentious probate claims So, if you’re concerned about what is happening to a loved one’s estate, it’s advisable to seek legal advice early.

What is intermeddling in probate?

In probate law in England and Wales, intermeddling means taking steps to administer or deal with the deceased’s estate without authority.

Put simply, intermeddling happens when someone:

handles estate assets as if they are the executor or administrator, and
does so before they have the legal right to act.

Authority normally comes from:

a Grant of Probate (where there is a valid will and executors), or
Letters of Administration (where there is no will, or no executor able to act).

Until the grant is issued, nobody has full legal authority to administer the estate (with limited practical exceptions). Intermeddling is what the law calls it when someone crosses the line from “helping” into “administering”, for example selling the deceased’s house or car.

Why intermeddling matters in contentious probate

Intermeddling matters because it can trigger legal consequences in three key ways:

It can create personal liability for the intermeddler
It can support a contentious probate claim
It can turn someone into an executor de son tort

In estate disputes, intermeddling often appears alongside allegations of:

missing assets
improper payments
unauthorised property sales
suspicious withdrawals
family members “taking control” of the estate

It is especially relevant where the will is disputed, where probate is delayed, or where there is conflict about who should act.

What actions count as intermeddling?

Essentially, the courts look at the facts and ask: did the person assume responsibility for the estate?

Actions that may commonly amount to intermeddling include:

withdrawing money from the deceased’s bank accounts
selling the deceased’s property or car
distributing estate funds to beneficiaries
paying debts using estate money (not their own)
collecting rent from the deceased’s tenants
closing accounts and keeping the proceeds
removing valuables and deciding who gets them
signing documents “as executor” without a grant

These actions are more than protective. They show a person stepping into the role of estate administrator.

What does NOT usually count as intermeddling?

The law recognises that some steps are sensible and are required immediately after death. Not every act involving the deceased’s property creates liability.

Actions that are less likely to count as intermeddling include:

arranging the funeral (and paying for it personally)
securing the deceased’s home (changing locks, turning off water)
making an inventory of items for safeguarding
notifying banks and institutions of the death
collecting paperwork and locating the will
preserving assets to prevent loss or damage

These steps tend to be seen as protective rather than administrative.

However, the line can blur fast. For example, securing jewellery in a safe may be sensible. But giving it away to a relative because “Mum wanted them to have it” is very likely intermeddling.

The legal concept: executor de son tort

Intermeddling connects directly to the concept of executor de son tort.

An executor de son tort is someone who becomes treated as an executor because they wrongfully assumed the role, even though they were never appointed.

In other words, if you intermeddle, the law may treat you as if you were the executor – but only for the purpose of holding you responsible. Unfortunately, you do not gain the rights of a properly appointed executor. You gain the burdens.

What liability does an executor de son tort face?

If the court treats someone as an executor de son tort, they can become personally liable to the estate for what they have done, which may include:

repaying money removed from estate accounts
returning assets taken from the estate
accounting for sales proceeds
compensating the estate for losses caused
paying interest on wrongly taken funds
facing legal costs in contentious probate litigation

The key point is this: you can become liable even if you believed you were helping.

How intermeddling appears in contentious probate claims

Intermeddling often becomes relevant in contentious probate in three common scenarios.

Disputes over the will

If a will is challenged (for example, on capacity, undue influence, or lack of knowledge and approval), probate may not be granted quickly.

During that gap, someone might begin dealing with assets “temporarily”. If they do, and the will later proves invalid, their actions can look even more problematic.

Conflict over who should administer the estate

If there is no will, or the executors are unwilling or unsuitable, conflict can arise over who should apply for the grant.

A family member who takes charge before they have authority can create the perfect conditions for allegations of intermeddling and for an executor de son tort claim.

Claims involving missing assets or suspicious transfers

In many estate disputes, the biggest question is not legal theory. It is practical:

Where did the money go?

Intermeddling is often the legal route used to pursue:

unexplained withdrawals
asset transfers shortly after death
property being sold “privately”
valuables disappearing from the home

Where the estate is diminished, the person who handled assets can be forced to explain and repay.

How a contentious probate solicitor proves intermeddling

To prove intermeddling, the focus is evidence. The strongest cases usually involve:

bank statements showing withdrawals after death
property sale documents
emails or messages where someone claims to be executor
receipts showing estate funds used
witness evidence from family members
inventories showing missing items

Is intermeddling a criminal offence?

Intermeddling itself is not automatically a criminal offence. It is mainly a civil concept.

However, certain conduct linked to intermeddling may become criminal if it involves dishonesty, such as theft or fraud.

In most contentious probate disputes, the primary remedy is civil i.e. restoring the estate and compensating for loss.

Can an executor de son tort defend the claim?

Sometimes, common arguments may include:

the actions were purely protective
the person acted under the direction of a solicitor
the funds were used for estate necessities
the assets were later fully accounted for
the person did not take control of the estate as a whole

A court will look at the pattern of behaviour. One small step is less likely to be intermeddling than a sustained course of administration.

Practical advice: how to avoid intermeddling

If you are dealing with a death and want to avoid contentious probate problems, the safest approach is simple:

do not move estate money
do not sell assets
do not distribute items
do not claim to be executor without the grant
get legal advice before taking administrative steps

If something urgent needs doing, such as securing property or preventing loss, document what you did and why. Keep receipts and keep everything transparent.

Need Help Now?

Intermeddling is one of the most important issues in contentious probate in England and Wales. If a probate dispute is brewing, intermeddling often becomes the flashpoint. It is where suspicion, missing assets, and family conflict can collide.

So, if you suspect intermeddling may be occurring following the death of a loved one, it’s advisable to consult with a contentious probate lawyer as early as possible.

Our panel of contentious probate lawyers are highly experienced and also offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

Call us at 0333 358 2345 or contact us online for a free consultation.