Is It Illegal to Take Money from a Deceased Person’s Account?
Yes. In the UK, withdrawing money from a deceased person’s bank account without legal authority is considered fraud or theft, even if you were close to the deceased or they "would have wanted you to have it."
Once a bank is notified of a person’s death, the account is frozen, and only the executor (if there is a will) or administrator (if there is no will) can legally access funds.
What Are the Legal Consequences?
1. Fraud and Theft Charges
Taking money from a deceased person's account without permission can result in:
- Theft charges under the Theft Act 1968.
- Fraud charges under the Fraud Act 2006 (e.g., fraud by false representation).
2. Criminal Penalties
If found guilty, penalties can include:
- Fines (amount depends on severity).
- Repayment of stolen funds to the deceased’s estate.
- Community service for lower-level offences.
- Imprisonment (up to 10 years for serious fraud or theft offences).
3. Civil Claims by Beneficiaries
Beneficiaries of the estate can take legal action to recover the stolen funds, leading to:
- A court order to repay the money.
- Additional financial penalties.
Exceptions – When Can You Access the Money?
You can legally access a deceased person’s bank account only if:
✅ You are the joint account holder (funds automatically transfer to you).
✅ You are the executor or administrator and have obtained probate or letters of administration.
✅ The bank allows access for essential payments like funeral costs.
How to Access a Deceased Person’s Funds Legally
- Notify the Bank – Inform the bank of the person’s death.
- Apply for Probate – If required, obtain a Grant of Probate or Letters of Administration.
- Request Fund Release – Once authorised, banks will release the money to the estate’s executor/administrator.
How Fraser Bond Can Help
At Fraser Bond, we assist with probate, estate administration, and inheritance disputes. If you need help accessing a deceased person’s funds legally or dealing with estate-related financial matters, our experts provide professional guidance.
Need Probate Advice? Contact Fraser Bond Today
Avoid legal risks—speak to Fraser Bond for expert guidance on estate management, probate, and lawful access to funds.
