Advice Re: Banks- Right of offset before funeral expenses?

[pdos44]

My mother died two and a half years ago and when I notified the bank they emptied her account to part pay off a credit card under the 'right of offset' rule before her funeral expenses had been paid. I understand principle of the rule but I thought that the funeral expenses had to be settled first. Can anyone confirm? is there a time limit to reclaim?

[themas]

It is normal for funeral expenses to be settled before any other creditors are paid. This is often specified in wills, but I am not sure what the legal basis for it is; nor do I know whether the right of offset takes precedence over funeral expenses.

It might be that it would depend on whether there were sufficient assets in the estate to pay the funeral expenses without using the money which was in the bank account.

[Brimoan]

I have just looked at my bank's terms and conditions and they do state that they have the right to offset credit balances and debit balances on different accounts in the event of death.
I do not think you stand much chance of getting money from the bank now for the funeral expenses.
I understand the council is liable if there is no estate and no relatives willing to pay but I would assume the funeral directors would have been paid by now.