Punishment for Taking Money From a Deceased Account in the UK

Taking money from a deceased person’s bank account without proper authority can lead to repayment demands, civil claims and, in serious cases, criminal prosecution.

The punishment for taking money from a deceased account is not fixed. It depends on how the money was taken, the amount involved, whether the person acted dishonestly and whether they had legal authority to deal with the estate.

In England and Wales:

• Theft can carry up to seven years’ imprisonment
• Fraud offences can carry up to 10 years’ imprisonment
• Unauthorised withdrawals do not automatically amount to theft or fraud
• Repayment may still be required even where no criminal prosecution takes place
• Power of Attorney normally ends when the account holder dies
• Beneficiaries and relatives do not automatically gain access to a sole bank account
• Funeral costs may often be paid through the bank without using the deceased person’s card

For example, a relative who makes one payment believing they are still authorised is in a different position from someone who deliberately transfers estate money into their own account and hides the transaction.

The criminal-law examples in this article mainly relate to England and Wales. Scotland has a separate legal system, while some estate and criminal-law procedures also differ in Northern Ireland.

What Happens If You Take Money From a Deceased Person’s Bank Account?

When a person dies, money held in their sole bank account generally becomes part of their estate. It does not immediately become the property of a spouse, child or other beneficiary simply because that person expects to inherit it.

Once a bank is notified of the death, access to a sole account is normally restricted while the estate is dealt with. The bank may ask for a death certificate, identification and evidence showing who is legally entitled to administer the estate.

Problems can arise when somebody continues to:

• Use The Deceased Person’s Debit Card
• Withdraw Cash From An ATM
• Access Their Online Banking
• Transfer Money Into A Personal Account
• Make Purchases Using Their Card Details
• Distribute Money To Beneficiaries Informally

Whether the conduct becomes a criminal matter depends on the circumstances rather than simply the fact that money was moved.

What Punishment Can You Face for Taking Money From a Deceased Account?

There is no specific offence called “taking money from a deceased account”. Instead, prosecutors may consider offences such as theft or fraud where the required legal elements are present.

Possible Issue	Potential Consequence
Theft of estate money	Up to seven years’ imprisonment
Fraud by false representation	Up to 10 years’ imprisonment
Fraud by abuse of position	Up to 10 years’ imprisonment
Civil misuse of estate assets	Repayment or compensation
Improper estate administration	Personal liability and legal costs

These are maximum sentences rather than automatic punishments.

Courts consider factors such as the amount involved, level of planning, abuse of trust, financial harm, previous convictions and the offender’s role.

A small one-off transaction made through genuine confusion is therefore very different from deliberately taking large sums over several months and attempting to conceal the withdrawals.

Theft Vs Fraud: What Is the Difference?

The distinction matters because the offences have different legal requirements and maximum penalties.

Theft generally involves dishonestly appropriating property belonging to another with the intention of permanently depriving them of it.

Fraud can arise in several ways.

For example, fraud by false representation could become relevant where somebody dishonestly represents that they are entitled to use a bank account or card when they know that authority no longer exists.

Fraud by abuse of position may potentially be relevant where someone occupies a position in which they are expected to safeguard another person’s financial interests but dishonestly abuses that position for gain.

Can You Go to Prison for Taking Money From a Deceased Account?

Yes, imprisonment is possible in serious cases, particularly where there is clear evidence of deliberate dishonesty, significant financial loss or abuse of a trusted position.

However, the maximum sentence should not be confused with the sentence somebody will actually receive.

Depending on the facts, outcomes could instead include repayment, compensation, a fine, a community sentence or another court order. Some disputes may remain entirely within civil or probate proceedings rather than resulting in a criminal prosecution.

When Does an Unauthorised Withdrawal Become Theft or Fraud?

Unauthorised access does not automatically prove a criminal offence.

For fraud offences, dishonesty and an intention to make a gain or cause another person a loss or risk of loss are important elements.

Factors that could make a situation more serious include:

• Repeated Withdrawals After Knowing The Person Had Died
• Transferring Estate Money For Personal Spending
• Concealing Transactions From Executors Or Beneficiaries
• Giving False Explanations To A Bank
• Taking A Large Amount Of Money
• Abusing A Position Of Trust
• Continuing After Being Told To Stop

Someone who genuinely misunderstood the process may still have to return money, but that is not the same as automatically proving criminal fraud.

Is It Illegal to Use a Deceased Person’s Debit Card or Online Banking?

Continuing to use a deceased person’s card, PIN or online banking details can create serious problems.

Even if the deceased previously allowed another person to use the account, that permission does not necessarily give them authority to continue doing so after death.

Entering card details, using a PIN or logging into the deceased’s banking account can also create evidence showing exactly when and how transactions were made.

The safer approach is to stop using the deceased’s banking credentials and contact the bank’s bereavement department.

What If the Money Was Used for Funeral Costs?

Using money for a legitimate funeral does not automatically make an unauthorised card withdrawal lawful.

Many banks have procedures that allow funeral invoices to be paid from a deceased customer’s funds without giving relatives unrestricted access to the account.

The person arranging the funeral may be asked to provide documents such as:

• Death Certificate
• Funeral Director’s Invoice
• Proof Of Identity
• Details Of The Deceased’s Account

Where this service is available, the bank may pay the funeral director directly.

This is much safer than using the deceased person’s debit card and trying to justify the withdrawal afterwards.

Does Paying the Money Back Stop Criminal Action?

Returning the money can be important, but it does not automatically erase conduct that has already occurred.

Voluntary repayment may:

• Reduce The Estate’s Financial Loss
• Help Resolve A Civil Dispute
• Demonstrate Cooperation
• Be Relevant When Authorities Consider The Circumstances

However, if an offence was already committed, returning the money does not guarantee that an investigation or prosecution will stop.

Anyone who has already taken a significant amount from a deceased account and is concerned about criminal liability should consider obtaining independent legal advice before making further transactions.

What If the Person Taking the Money Is the Executor?

An executor may have responsibility for administering the estate, but that does not mean the estate money becomes their personal property.

Executors may need to collect assets, settle debts, pay tax, cover legitimate administration costs and eventually distribute the remaining estate to beneficiaries.

Problems can arise where an executor instead:

• Transfers Estate Money For Personal Use
• Hides Transactions From Other Executors
• Pays Themselves Without Proper Justification
• Distributes Money Before Debts And Taxes Are Settled
• Refuses To Account For Missing Funds

Depending on the circumstances, beneficiaries could seek repayment, request estate accounts or take legal action.

Where dishonesty is involved, criminal allegations may also arise.

Can a Sole Beneficiary Take Money Before Probate?

Being the only beneficiary does not automatically allow someone to use the deceased person’s bank card or online banking.

An estate may still have funeral expenses, tax liabilities, loans, utility bills or other debts that must be dealt with before the remaining money is distributed.

A person can therefore be entitled to inherit the entire remaining estate without being entitled to simply withdraw the account balance immediately after death.

The correct process should still be followed.

What Happens If You Had Power of Attorney Before the Person Died?

A Lasting Power of Attorney normally ends automatically when the donor dies.

From that point, responsibility for dealing with the estate passes to the executors or personal representatives rather than the attorney.

Someone who previously managed all of the deceased person’s finances should therefore not assume they can continue:

• Using Their Debit Card
• Logging Into Their Bank Account
• Transferring Money
• Paying Bills Through Their Credentials

The fact that the arrangement was completely lawful during the person’s lifetime does not mean it continues after their death.

What Happens to Joint Bank Accounts After Death?

Joint accounts can work differently from sole accounts.

In many cases, money held jointly passes to the surviving account holder and probate may not be needed for that particular asset.

However, the exact ownership position can depend on how the account was held and the circumstances surrounding the money.

A joint account should therefore not automatically be treated as permission to remove large sums where ownership is disputed.

This can become particularly important where beneficiaries argue that money in the joint account was contributed entirely or mostly by the deceased.

Who Can Legally Access a Deceased Person’s Bank Account?

The person authorised to administer an estate will normally be an executor named in a valid will or an administrator where there is no will.

Banks may request documents including:

• Death Certificate
• Proof Of Identity
• Grant Of Probate
• Letters Of Administration
• The Will Where Relevant
• Bank-Specific Bereavement Forms

A beneficiary, child, spouse, carer or next of kin does not automatically obtain banking access merely because of their relationship with the deceased.

Do You Always Need Probate to Access the Money?

No. Probate is not required in every estate.

Whether a bank requires a Grant of Probate depends partly on the assets involved and the institution’s own rules.

Some financial organisations will release relatively small balances without a formal grant once they receive the documents they require. Others may set different limits.

There is therefore no single bank-release threshold that applies to every UK bank.

Do Not Confuse the £5,000 Probate Fee Threshold With Bank Limits

A common source of confusion is the £5,000 figure used in probate fee rules.

As of September 2026, an application for probate in England and Wales costs £526 where the estate is worth more than £5,000. There is no application fee where the estate is worth £5,000 or less.

That does not mean banks must release up to £5,000 without probate.

Banks set their own requirements for accessing a deceased customer’s assets.

What Payments Can Be Made From the Account Before Probate?

There are situations where estate money can be used through an authorised process before probate is completed.

Funeral Expenses

A bank may agree to settle an approved funeral invoice directly from the deceased’s account.

This avoids giving relatives general access to the account and provides a clear record showing why the payment was made.

Inheritance Tax Payments

Inheritance Tax can also create a practical problem because some tax may have to be paid before probate can be obtained.

HMRC operates a Direct Payment Scheme that can allow money to be transferred from qualifying bank, building society or investment accounts belonging to the deceased directly towards the Inheritance Tax bill.

This is very different from a relative logging into the deceased person’s account and making the payment themselves without authority.

How Do Banks Find Out Someone Has Died?

Banks do not automatically receive a notification simply because someone uses the government’s Tell Us Once service.

Tell Us Once informs government organisations such as HMRC, DWP, the Passport Office, DVLA and relevant local authorities. Banks and other private financial organisations normally need to be contacted separately.

Families may also use recognised death-notification services where participating financial institutions accept them.

Once the bank has been told, it can update its records and explain what documents are needed to deal with the account.

What Can Beneficiaries Do If Money Is Missing From the Estate?

Missing withdrawals should not be ignored, particularly where substantial sums are involved.

Beneficiaries or personal representatives can start by obtaining available transaction records and asking the person responsible for the estate to explain the payments.

Useful evidence may include:

• Bank Statements
• Withdrawal Dates
• Transfer References
• Receipts
• Funeral Invoices
• Messages About The Money
• Estate Accounts

Where the matter cannot be explained, specialist probate advice may be appropriate.

Suspected fraud can also be reported to the police or the UK’s Report Fraud service where appropriate.

What Should You Do If You Already Took Money From a Deceased Account?

Do not continue making withdrawals.

Keep records showing exactly:

• How Much Was Taken
• When It Was Taken
• Why It Was Taken
• Where The Money Went
• Whether Any Money Remains
• What Supporting Receipts Exist

Contacting the bank’s bereavement team can help establish the correct procedure for dealing with the account.

Where the amount is significant, another beneficiary is challenging the transaction or there is a risk of a fraud allegation, obtaining independent legal advice can be important.

Trying to hide transactions or creating false records is likely to make the position substantially worse.

How to Handle a Deceased Person’s Finances Legally?

The safest approach is to separate estate administration from the deceased person’s old day-to-day banking arrangements.

After a death:

1. Notify the Bank – Contact its bereavement department.
2. Stop Using Existing Banking Credentials – Do not continue using cards, PINs or logins.
3. Locate the Will – Identify the named executors.
4. Establish Whether Probate Is Required – Ask each organisation holding assets.
5. Value The Estate – Include assets, debts and relevant liabilities.
6. Deal With Tax And Debts – These normally come before inheritance distribution.
7. Keep Estate Records – Record money received and every payment made.
8. Distribute The Estate Correctly – Only after liabilities and administration have been dealt with.

Clear records can be particularly important if several beneficiaries are involved.

Does the Law Differ Across England, Wales, Scotland and Northern Ireland?

Yes. The Fraud Act 2006 applies in England, Wales and Northern Ireland. Scotland has its own criminal-law system and different estate procedures.

Probate terminology also differs. For example, the process equivalent to probate in Scotland is generally known as confirmation.

Anyone dealing with a Scottish or Northern Irish estate should therefore use guidance specifically applicable to that jurisdiction rather than assuming England and Wales rules apply.

Conclusion

Taking money from a deceased person’s account can range from an administrative mistake requiring repayment to serious theft or fraud involving criminal prosecution.

The safest approach is to stop using the deceased person’s debit card, PIN and online banking details after death and deal directly with the bank’s bereavement team.

Executors and administrators should keep clear estate records, settle liabilities before distributing inheritance and ensure personal money remains separate from estate funds.

Where money has already been taken and there is disagreement about whether the transaction was lawful, professional probate or criminal-law advice can help clarify the next steps.

FAQs

Can You Legally Withdraw Money After Someone Dies?

Not simply because you are a relative or beneficiary. The person dealing with the estate should follow the bank’s bereavement and probate procedures before accessing a sole account.

What Is the Maximum Sentence for Taking Money From a Deceased Account?

There is no single offence with one sentence. General theft can carry up to seven years’ imprisonment in England and Wales, while qualifying Fraud Act offences can carry up to 10 years.

Can You Be Charged With Fraud for Using a Dead Person’s Bank Card?

Potentially. Fraud may be considered where the card is used dishonestly with an intention to make a gain or cause another person a loss or risk of loss. The facts of the individual case matter.

Can a Bank Recover Money Withdrawn After Someone Dies?

A bank or the estate may seek repayment where money was withdrawn without proper authority. Civil action may also be possible where a person refuses to return estate funds.

Can an Executor Withdraw Money From the Deceased’s Account?

An executor can deal with estate assets as part of proper administration, subject to the bank’s requirements. They cannot simply treat estate money as their own.

Can Beneficiaries Receive Money Before Probate?

Beneficiaries should not assume they can access estate funds immediately. Debts, taxes and administration costs generally need to be dealt with before the remaining estate is distributed.

What Should You Do If You Suspect Someone Has Taken Money From an Estate?

Keep transaction records, request an explanation and preserve relevant evidence. For significant or disputed amounts, consider specialist probate advice and report suspected criminal fraud through the appropriate authorities.