Deceased person's bank account

[foxspur]

When is it required to tell a bank about the death of an account holder? Is it as soon as the death certificate is issued, or can it be left till after the funeral? Does it depend on the existence or otherwise of a will?
Is it legal for a family member to access the account after the death certificate has been issued without telling the bank, for necessary and legitimate expenses relating to the dead person?
If the account has been accessed without telling the bank, can the funds be replaced to return the funds in the account to the same amount as at the time of death?

[Old_Geezer]

No legal eagle but I'd say that was dodgy practice. The person accessing the money is accessing money that doesn't belong to them, regardless of the intent and what it was used for. When I was executor I saw no reason to hide the death from the bank, who created a different "deceased" account for me to use.

[tamborine]

Bank should be informed immediately of deaths. Bank will release funds from deceased's account to meet funeral expenses; they might hold the deceased's Will. My Will is held by my bank.

[LoftyLottie]

How can you access the account without telling the bank?

If you have power of attorney (which ceases when a person dies) or if you are next of kin, you can inform the bank of the death. If there is under a certain amount in the bank account (depends on the bank) you can access the funds but have to have documentation which is signed by a solicitor.

[bookbinder]

Perhaps you should put all these questions to the bank.

[tamborine]

Bank will ask for death certificate; get at least 4 certs from registrar, as many wont accept copies. All admin costs can be recuperated from assets, so keep receipts.

[LoftyLottie]

Bookbinder is correct. Funeral expenses are taken into account when assessing an estate after death.

I am still wondering how anybody can (legally) take money out of somebody else's bank account.

[NOX]

My wife's brother knew their father's pin number and stripped the accounts of as much as he could after his death- notified the police who did exactly NOTHING- really infuriating.

[LoftyLottie]

That is dreadful NOX. I would have taken that up with solicitors!!

[NOX]

She did it's still dragging on now- her father died in 2009, but everything worth having is gone tbh - so too late really.

[LoftyLottie]

I had my mum's bank card and banked on line for her too as I had enduring power of attorney. However, as soon as she died, I notified the bank. A stop is then put on that account. She had another bank account with a small amount in it, which I was able to access because I was next of kin and had had power of attorney. However, I had to get documentation signed by a solicitor before they would release the money to me.

[LoftyLottie]

NOX, it's not unusual. Something like this has happened in our family too. Not our close family thank goodness. It's amazing how people can behave.

[foxspur]

Thanks, everyone. A family member (carer) has had my mother's bank card to get things like shopping while she was alive. I have told them to notify the bank of her death but they have not done so. I don't know which bank she banks with so can't ask the bank. Anyway, based on what I've read I will contact them again and try to get them to stop accessing the account.

[cathfromsaron]

the bank will release money to executors for funeral directors if necessary!

nobody should interfere with the due process!

[LoftyLottie]

Who registered her death foxspur?

[tonywiltshire]

You should notify the bank as soon as you have a copy of the death certificate, you will need a number of certified copies, and a Solicitor can certify them for you. The beneficiary or beneficaries should also send a copy of the certified will to the bank before they will release the funds, subject to their rules, that they are holding.
Like LL I am unable to see how someone else could access the account of the deceased.

[MartinBev58]

Hi Foxpur

My father passed away recently and I informed the bank verbally about his death the next day.
As the death was sudden combined with the fact the initial hospital tests were OK (the obs I was told by a nurse) a post mortum was done so I did not get a death certificate for a week.
The bank advised me to bring the death certificate in as soon as I had it and put a caution on the account in the mean time. They also advised me they could allow withdrawals for funeral expenses and also asked me when the insurance was due on the house which they knew was jointly owned and said they could release funds for that if the renewal was due.
I was very surprised they released the balance of his account to me when I presented the death certificate although he only had £900 in the bank.
With regard to dealing with other savings institutions one released £19,000 to me on presentation of his death certificate and others released smaller amounts.
In view of this I was most surprised when 1 institution has said they will need to see probate when he only has £400 deposited with them.
I will have to go for probate anyway as he was the other tennant in common for the house but it wold have been annoying to have to get probate for just that.

Martin