Legal Definitions - vitious intromission

Vitious intromission is a legal term, primarily used in Scots law, that refers to the wrongful interference by a person with the movable property of someone who has died, without having the proper legal authority to do so. This authority typically comes from being an appointed executor or administrator of the deceased's estate.

When an individual commits vitious intromission, they can become personally liable for the deceased person's debts, up to the value of the property they unlawfully interfered with. The purpose of this legal principle is to protect the deceased's estate and creditors by ensuring that assets are properly managed, debts are settled, and the estate is administered in an orderly fashion before any distribution of property occurs.

Here are some examples to illustrate vitious intromission:

• Example 1: After her uncle's sudden passing, Sarah, believing she was helping, entered his vacant apartment and took several valuable antique clocks and pieces of jewelry, intending to keep them as mementos before any executor was officially appointed or the estate was settled.

  Explanation: This would be considered vitious intromission because Sarah interfered with her uncle's movable property (the clocks and jewelry) without legal authority. Even if her intentions were sentimental, her actions could make her personally liable for her uncle's debts up to the value of the items she took.

• Example 2: A small business owner, Mr. Henderson, died unexpectedly. His long-time employee, Mr. Davies, immediately accessed Mr. Henderson's business bank account (which was solely in Mr. Henderson's name) and transferred a significant sum of money to pay outstanding supplier invoices, believing he was preventing the business from failing.

  Explanation: Mr. Davies's actions constitute vitious intromission. He interfered with the deceased's movable assets (the money in the bank account) without being legally appointed as an executor or having other proper authority. Despite his good intentions to keep the business afloat, he could become personally responsible for Mr. Henderson's business debts.

• Example 3: Following the death of a distant relative, Mark, who was aware the relative owned a classic car, quickly arranged for the car to be sold to a collector, pocketing the proceeds. No will had been probated, and no executor had been appointed at the time of the sale.

  Explanation: Mark's actions are a clear instance of vitious intromission. He took possession of and disposed of a significant movable asset belonging to the deceased without any legal right or authority. This makes him personally liable for the deceased's debts to the extent of the car's value.