Bank accounts after death

[Justcaring 10]

Is it illegal for someone to withdraw money from a relatives bank account after they have died even if they had 3rd party access to the account?

[cgksheff 44]

By "3rd Party Access", do you mean they were a signatory to a joint account? ... or?

[Justcaring 10]

As far as I know they had 3rd party access to a single named account and they could set up or change DD/SO and withdraw funds.

[gribz 10]

If this other person had Power of Attorney (Lasting or Enduring) then that right finishes with the death of the account holder.

 

https://www.carersuk.org/help-and-advice/practical-help/when-caring-ends/when-a-person-dies?start=3

 

I can't comment on the legal side, it would be best to see a solicitor.

[MrsMozzy 10]

Apparently it is (from your recent posts it seems as if you / the person you know is going through what we have just been through). Once the account holder is deceased the whole thing changes irrespective of what permissions they had before. Even having Lasting Power of Attorney doesn't allow you to continue to use the account in any way. It is "frozen" on death a the probate process takes over. Hope this helps.

Edited May 15, 2013 by MrsMozzy

[terminator 10]

Think there are about six different types of third party access but most are power of Attorney but would end after death.The bank should have been informed and as stated the account frozen.They then do a probate and the money would be payable to the people who are legally entitled to it.

[Justcaring 10]

There was no power of attorney but the person was taking monies from the account via a bank card, when this came to light and it

was stopped by social services and the bank, however after the person died I found out that money had still been removed over the counter and also taken after the death, the bank I formed me that the person taking the money had 3rd party authority. I am struggling to find out from the bank when & where this was set up as the bank account is now closed. The account holder had Alzheimer's and their finances were managed by an money appointee arranged via social services. They were aware of financial safeguarding issues. I don't know what to do and this is so stressful.

[Obelix 11]

The account should have been frozen. Once probate is granted then the executors have access to distribute it.

 

If this sort of irregularity has been going on, then it could well be a criminal as well as a civil matter, and I'd involve the police as if you try and sort it yourself you could end up getting in to even more murky waters.

[terminator 10]

Well from what i know a money appointee is kind of a attorney yes i would seek legal advise.

[Jeffrey Shaw 90]

It all depends on the number of account-holders' names.

If there was one account-holder only, death freezes the account and all mandates (of any kind) relating to it.

But that's not so if there were two or more joint account-holders and at least one is stlil alive.