In the UK, over 500,000 bank and building society accounts each year become inactive due to the death of the named account holder.
Withdrawing money from a dead person's bank account without proper authorisation is illegal and can result in severe consequences, including criminal charges and civil liability.
This applies even if you had their permission during their lifetime, or a lasting power of attorney over their financial affairs (which expires on death).
What happens when an account holder dies?
Most banks will freeze access to accounts within 48 hours of receiving notification of the death of a sole account holder.
When a bank is informed of the death, most automatic payments, direct debits and standing orders are stopped, debit and credit cards linked to the account are cancelled and access to online and mobile banking is revoked.
An individual account is likely to be completely frozen. A joint bank account may be partially or fully restricted depending on the nature of the account.
Be aware if you share a joint account, you have a 'right of survivorship' allowing you to remain the sole owner of the full amount. The legal term is that you are joint tenants of the money. The money in the account does not form part of the estate accounts.
Some payments might be permitted. For example, funeral costs up to a certain limit (often £5,000), mortgage or rent payments if a dependent lived with the deceased, and immediate living expenses for any spouse or dependent.
Who has legal access to a deceased person's account?
A bank must, and may only, give legal access to the personal representatives of the deceased person.
Those are the executors named in the Will or an administrator appointed by the court (the Probate Registry) if there is no Will.
To move large sums of money, the executor requires a grant of probate - recognition by the court of a valid Will, and appointment of the person or people nominated as executors into that position. A grant of probate or letters of administration can take up to 8 weeks to obtain for simple estates, and much longer for complex or contested estates.
There is a legal exception for small estates, where the total value of the estate is under £5,000.
In this case, a grant of probate is not required. Every financial institution, including an insurance company must release the assets to a person named as an executor in the Will.
However, the person dealing with the financial affairs of the deceased still has legal liability to the beneficiaries of the estate if they prevent funds from being distributed according to the Will (or the rules of intestacy if there is no Will).
Because of the exception for small estates, most banks and building societies have specific internal policies to allow access to the named executors or the surviving spouse if funds are below certain limits (again, usually £5,000).
In effect, the banks accept liability for the misappropriation of funds for these smaller amounts.
However, without a grant of probate or letters of administration, you might not be able to close an account.
What are the risks of unauthorised withdrawals?
Unauthorised access or withdrawal from a deceased person's bank account is a criminal offence. The legal and financial consequences far outweigh any short-term gain.
Unauthorised withdrawals can lead to criminal charges of theft, fraud, forgery, and unauthorised computer access. These offences carry severe penalties:
- fines up to £5,000 for minor offences, with no upper limit for serious cases;
- probation; and
- imprisonment for up to 7 years for fraud.
Claiming ignorance of the law won't protect you from prosecution.
There may also be civil liabilities. You could face legal action from:
- other beneficiaries if you have deprived them of their inheritance;
- creditors of the estate (such as credit card providers) seeking repayment; and
- the estate itself, demanding repayment with interest and legal costs.
How can you cover funeral and other immediate expenses legally?
There are several options that can help you manage immediate expenses without risking legal consequences.
Interim payments from banks
Many banks offer an interim payment system for funeral expenses. To access these funds:
- contact the deceased's bank to inquire about their bereavement services;
- provide the original death certificate or a certified copy;
- submit the funeral director's invoice or estimate;
- complete any required forms from the bank; and
- the bank reviews the request and may agree to release money from a current or savings account directly to the funeral director.
Most banks limit these payments to around £5,000. Contact the deceased's bank directly to inquire about their specific policies on funeral expense payments.
Alternatives
Alternative options include:
- pre-paid funeral plans: check if the deceased had such a plan;
- life insurance policies: these can sometimes be claimed quickly for funeral costs;
- loans: a friend or family member making a bridging loan to the estate;
- crowdfunding or community support: online platforms designed for funeral fundraising; and
- funeral director payment plans: some funeral directors offer instalment plans.
The UK government also offers assistance for funeral costs:
Funeral Expenses Payment is available for those on qualifying benefits, covering basic burial or cremation costs plus up to £1,000 for other expenses. You must be receiving certain benefits and be the responsible person for the funeral.
Bereavement Support Payment may be given to widows, widowers, or surviving civil partners under state pension age. It provides an initial lump sum (£2,500 or £3,500) and monthly payments for 18 months.
Local council support may exist for public health funerals when no other options are available. Local councils must provide a basic funeral.
To access these, contact your local JobCentre Plus or council for information and help with an application.