What is the procedure for pursuing intermeddling charges?
- Taking possession or disposing of any part of the deceased’s property
- Paying or collecting any debts or claims to or from the estate
- Interfering with the deceased’s papers or documents
- Arranging the deceased’s funeral or burial
The consequences of intermeddling can include:
- Being held personally liable for the debts and liabilities of the estate
- Being unable to renounce the executorship or administration of the estate
- Being subject to claims by the rightful executors or administrators of the estate
- Being exposed to criminal charges if the intermeddling was fraudulent or dishonest
The procedure for pursuing intermeddling charges may vary depending on the circumstances of the case and the jurisdiction. However, one possible way to sue an executor de son tort is to apply to the court for a grant of administration with a will annexed or a grant of letters of administration, depending on whether the deceased left a valid will or not. This would allow you to become the rightful administrator of the estate and take over the management of the assets and liabilities. You could then bring a claim against the executor de son tort for any losses or damages caused by their intermeddling, such as breach of trust, conversion, trespass, or fraud. You may also be able to recover any property or money that they have taken or disposed of without authority.
If you want to pursue intermeddling charges against someone who has interfered with the estate, you may need to consult an advocate who can advise you on the legal process and your options. You may also need to provide evidence of the intermeddling and its impact on the estate.
NB: This is a complex and costly process that requires legal advice and representation. You should consult an advocate who can assess your situation and advise you on the best course of action. You should also act quickly as there may be time limits for bringing a claim against an executor de son tort. I hope this helps.
Intermeddling is when someone without authority acts as if they have authority over the estate of a deceased person. This can make them liable as an executor de son tort, which means an executor by their own wrongdoing. Some actions that can be considered intermeddling are: