What Is the Punishment for Taking Money from a Deceased Account in the UK?

Accessing or withdrawing money from a deceased person’s bank account in the UK without proper legal authority is a serious offense. The law treats it as theft or fraud, and those found guilty can face severe consequences, including fines, civil liability, and even imprisonment.

Understanding the Legal Process After Death

When a person dies, their assets—including bank accounts—become part of their estate. In most cases, banks freeze accounts upon notification of the account holder’s death to prevent unauthorized access. The only individuals legally allowed to handle the deceased’s financial affairs are:

• Executors (if there is a will)
• Administrators (if there is no will and probate is granted)

These individuals must obtain probate (or letters of administration if there is no will) before managing or distributing the deceased’s assets. If someone accesses the account without this legal authority, it is considered an unlawful act.

Is It Illegal to Take Money from a Deceased Person’s Account?

Yes. Regardless of intent, withdrawing or transferring money from a deceased person’s account without the proper legal process is illegal. Even if you were a joint account holder or held power of attorney before their death, your right to access the account ceases when they pass away.

Punishments for Taking Money from a Deceased Account

Anyone who takes money from a deceased person’s account without authorization could face criminal and civil penalties under UK law. The specific punishment depends on the circumstances, intent, and amount of money involved.

1. Theft Charges

• Under the Theft Act 1968, unlawfully taking money from a deceased person’s account can be classified as theft.
• Penalties for theft range from fines to up to 7 years in prison, depending on the severity of the offense.

2. Fraud Charges

• If someone knowingly provides false information to a bank or misrepresents their authority to access an account, they may be charged with fraud by false representation under the Fraud Act 2006.
• A conviction for fraud can result in up to 10 years in prison and unlimited fines.

3. Civil Liability & Estate Claims

• Beneficiaries or executors can sue for recovery of the stolen money.
• The court may order the individual to repay the estate, plus legal costs and damages.

4. Financial Misconduct & Probate Fraud

• If an executor or administrator misappropriates estate funds, they could be charged with probate fraud, resulting in criminal prosecution and removal from their legal role.

What Should You Do If You Have Taken Money from a Deceased Account?

If you have withdrawn money from a deceased person’s account without realizing it was illegal, you should:

1. Stop any further withdrawals immediately.
2. Inform the bank and explain the situation.
3. Contact the estate executor or administrator to rectify the matter.
4. Seek legal advice to understand your position and avoid further legal consequences.

How to Properly Access a Deceased Person’s Money

To legally access and distribute a deceased person’s funds, follow these steps:

1. Notify the Bank: Inform the bank of the death, providing a death certificate.
2. Apply for Probate: If required, obtain probate or letters of administration.
3. Submit Documents: Provide necessary paperwork to the bank, including proof of authority as an executor or administrator.
4. Distribute Funds: Use estate funds according to the will or intestacy rules, ensuring compliance with legal requirements.

Conclusion

Withdrawing money from a deceased person’s account in the UK without proper authorization is a serious offense. Whether intentional or accidental, it can lead to theft or fraud charges, financial penalties, and even imprisonment. If you need to manage a deceased person’s financial affairs, always follow the legal process to avoid severe legal consequences. If you are unsure about probate and estate laws, consult a legal expert for guidance.