.svg)
You may find this surprising: You might not have to administer an estate, even if named as executor. There are many circumstances where you might not want to, such as when the estate debts exceed assets.
But if you have "intermeddled" in the estate, it may be too late to walk away.
In British Columbia, even well-intentioned actions can create serious legal consequences if they amount to what’s known as “intermeddling”.
What Is Intermeddling?
Under WESA, only a person who has lawful authority—either through a will (as executor) or a court appointment (as administrator)—can deal with a deceased person’s assets. But if someone takes steps that go beyond mere preservation of the estate (I.e., intermeddling), that person may be held legally responsible for the estate as if they were court-appointed, even if no grant of probate has been issued and no appointment made.
Common Examples
Intermeddling can include:
· Selling or transferring the deceased’s property
· Collecting or distributing money or personal effects
· Representing yourself as the executor to banks or other parties
Arranging a funeral is probably not intermeddling.
Opening an estate account, paying necessary bills to prevent loss, or filing estate-related taxes is more likely to amount to intermeddling.
Distribution of any estate assets to beneficiaries could certainly be considered intermeddling (not to mention causing numerous other risks and liabilities).
The line as to when one has “intermeddled” is not a clear one.
Authorities such as the CRA and courts may have different lines, and these lines may be in constant fluctuation based on circumstances you are not aware of (E.g., mood of the auditor that day).
The Legal and Financial Risks
Once a person is found to have intermeddled, they may be:
· personally responsible for the completion of the administration and distribution of the estate, including tax filings and payments to creditors;
· personally liable for estate debts or losses; and
· required to account to the beneficiaries before distribution.
Key takeaway:
Intermeddling can expose a person to personal liability even where they acted in good faith.
How to Stay Safe
If you find yourself needing to take urgent action—such as securing assets or paying expenses—limit your involvement, as much as possible, to preserving the estate until a grant of probate or administration is obtained. If more is required, you can apply (or have your lawyer apply) for an interim appointment under section 103 of WESA. Above all, document your actions and seek legal advice before taking any substantive steps.
The Bottom Line
Intermeddling often begins with good intentions—but it can end with personal liability. The safest course is to pause and seek proper legal guidance before taking any action with estate property.
If you’re unsure whether your involvement could amount to intermeddling, or if you need help navigating probate and estate administration, contact an experienced estates lawyer at Johnston Franklin Bishop. We can help you protect yourself and help you ensure that the estate is handled properly and lawfully.
Sources:
“The estate of a deceased person vests in the person's personal representative when the personal representative assumes or is appointed to that office.” Wills, Estates and Succession Act SBC 2009, CHAPTER 13, 102(2)
“A personal representative should not deal with the assets or otherwise intermeddle in the estate until he or she has decided to act as the personal representative.” Mortimer v Bender, 2020 BCSC 483 (CanLII), at para 89, <https://canlii.ca/t/j64d9#par89>,retrieved on 2025-10-13 citing Burkett v Burkett Estate, 2018 BCSC 320(CanLII), at para 247, <https://canlii.ca/t/hqrwc#par247>, retrieved on 2025-10-13.
“The court may appointa person as the administrator of the estate of a deceased person pending aproceeding (a)in which the validity of the will of thedeceased person is in issue, or (b)to obtain or revoke arepresentation grant.” Wills, Estates and SuccessionAct SBC 2009, CHAPTER 13, 102(3)
.jpg)
