Punishment for Taking Money from a Deceased Person’s Account in the UK

In the UK, taking money from a deceased person’s bank account without proper legal authority is considered theft or fraud. This is a serious offense and can lead to criminal charges. The legal consequences depend on the circumstances and the amount of money involved, but here’s a breakdown of the potential punishments:

1. Theft or Fraud

• Theft involves dishonestly taking property (in this case, money) that belongs to someone else, with the intent to permanently deprive the owner of it.
• Fraud under the Fraud Act 2006 can occur when someone dishonestly uses false representation, fails to disclose information, or abuses their position to gain access to the money.
• Punishment:
  • Imprisonment: Theft and fraud can result in prison sentences. The maximum penalty for theft is up to 7 years in prison, and for fraud, up to 10 years.
  • Fines: There may also be significant fines depending on the value of the money taken and the severity of the offense.

2. Breach of Fiduciary Duty

If the person taking the money is an executor or someone acting in a position of trust (such as a power of attorney), taking money from a deceased’s account without distributing it according to the will or legal rules is a breach of fiduciary duty. This can lead to both civil and criminal liability.

• Civil Liability: The family or beneficiaries can take civil action to recover the money, which could involve repayment and damages.
• Criminal Liability: Breach of fiduciary duty can also lead to criminal charges, especially if the action was deliberate and fraudulent.

3. Using a Joint Account

If the deceased had a joint account with another person, it’s important to note that:

• The remaining joint account holder usually has the legal right to access the funds, depending on the account agreement. However, if someone takes money from the account without disclosing the death or tries to avoid settling the deceased's debts first, they may face legal consequences for fraud or theft.

4. Probate Fraud

Taking money from a deceased person’s account before probate (the legal process of administering the deceased’s estate) is granted can be seen as probate fraud, especially if the funds are not used to pay debts or distribute to beneficiaries.

• Punishment: Similar to fraud, the offender could face prison time and fines.

How the Law Works:

Upon a person’s death, their accounts are typically frozen until an executor or administrator is legally appointed through probate. Only this person has the authority to manage the deceased’s assets, including closing bank accounts, paying debts, and distributing any remaining funds to beneficiaries.

If someone other than the legally appointed person accesses the account (e.g., by using bank cards or falsely claiming rights to the funds), this is illegal and will likely lead to criminal prosecution.

Conclusion

Taking money from a deceased person’s account in the UK without proper authority is a serious offense that can lead to charges of theft, fraud, or breach of fiduciary duty. Punishments can include imprisonment (up to 10 years), fines, and civil liabilities requiring repayment of the stolen money. To avoid these consequences, it’s essential to follow the proper legal process through probate.

If you find yourself in such a situation, it’s advisable to seek legal advice to understand your rights and obligations.