Last Updated on AUG 17, 2026

Taking money from a deceased person’s sole bank account without lawful authority can lead to both criminal and civil consequences. The exact offence depends on what happened, whether the person acted dishonestly and what authority they had over the account.

In England and Wales, an unauthorised withdrawal could potentially amount to theft, fraud by false representation or fraud by abuse of position.

General theft carries a maximum sentence of seven years’ imprisonment, while fraud under the Fraud Act 2006 carries a maximum of 10 years’ imprisonment. These are statutory maximums rather than automatic sentences.

A significant sentencing change also took effect on 22 March 2026. In qualifying cases in England and Wales, where a court imposes a custodial sentence of 12 months or less, there is now a statutory presumption that the sentence should normally be suspended unless an exception applies.

This means someone convicted of dishonestly taking money from a deceased account could potentially receive repayment orders, a fine, a community order, a suspended sentence or immediate imprisonment. The outcome depends on factors including the amount taken, planning, dishonesty, abuse of trust and harm caused.

An executor or administrator who improperly uses estate money may also be required to repay it and could face civil proceedings for breaching their duties.

Key Rules and Possible Consequences:

Issue	General UK Position
Money in a sole account	Usually forms part of the deceased person’s estate
Who may deal with it?	An authorised personal representative, normally an executor or administrator
Maximum sentence for theft in England and Wales	Seven years’ imprisonment
Maximum sentence for fraud in England and Wales	Ten years’ imprisonment
Does a power of attorney continue after death?	No. It normally ends when the donor dies
Does knowing the PIN create authority?	No. Possession of a card, PIN or login does not itself create legal authority
Can an executor use estate money personally?	Not unless it is a properly authorised payment, expense or distribution
What affects the sentence?	Amount taken, planning, dishonesty, abuse of trust, victim impact and previous convictions
Can the money be recovered?	The estate may seek repayment through the civil courts or criminal compensation process
Are joint accounts treated differently?	Usually, but the ownership and source of the funds may still need examination

Is It Illegal to Withdraw Money After Someone Dies?

A withdrawal is not automatically illegal merely because it happens after a death.

The important questions are:

• Who owned the money?
• Who made the withdrawal?
• What authority did that person have?
• What was the money used for?
• Was the bank or another person deceived?
• Did the person honestly believe they were entitled to take it?

When someone dies, money held in their sole name will generally become part of their estate. The personal representative becomes legally responsible for collecting, protecting and administering the estate assets.

GOV.UK states that an executor or administrator is responsible for the deceased person’s assets from the date of death until they are passed to the beneficiaries.

The Administration of Estates Act 1925 also places a duty on personal representatives to collect the estate and administer it according to law.

A relative does not gain authority simply because they expect to inherit the money. Beneficiaries normally receive their entitlement only after the estate’s debts, taxes, expenses and specific gifts have been dealt with.

What Criminal Offences Could Apply?

The offence will depend on the evidence. Taking money from a deceased account is not a separate criminal offence with one fixed punishment.

Could It Be Treated as Theft?

Under section 1 of the Theft Act 1968, theft occurs when a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

In England and Wales, a person convicted of theft on indictment can receive up to seven years’ imprisonment.

The Sentencing Council’s general theft guideline covers offences including theft in breach of trust.

It assesses seriousness by considering culpability, the financial value and any additional harm. A significant breach of trust or responsibility can increase culpability.

A theft allegation might arise where, for example, a relative uses the deceased person’s bank card to withdraw money for their own benefit while knowing that they have no authority to do so.

Could It Be Treated as Fraud?

Fraud may be considered where someone dishonestly makes a false representation, fails to disclose information they are legally required to disclose, or abuses a position in which they are expected to protect another person’s financial interests.

Fraud by abuse of position can be particularly relevant to an executor, attorney, carer or trusted relative who has access to an account and dishonestly uses that access for personal gain.

Under the Fraud Act 2006, the maximum sentence for fraud in England and Wales is 10 years’ imprisonment, a fine, or both. The Sentencing Council treats an abuse of power, trust or responsibility as a high-culpability factor.

Potential examples include:

• pretending that the deceased person is still alive when contacting the bank;
• using the deceased person’s online banking credentials;
• falsely claiming to be the authorised executor;
• transferring estate funds into a personal account for private spending;
• concealing withdrawals from beneficiaries or co-executors.

Whether conduct is fraudulent will depend on dishonesty, intention, the person’s authority and the representations made.

How Is the Punishment Decided?

The maximum sentence is reserved for the most serious cases. A person does not automatically receive seven years for theft or 10 years for fraud.

For fraud, the Sentencing Council considers the actual, intended or risked financial loss.

Its financial-harm categories range from less than £5,000 to £500,000 or more. It also considers the impact on victims and whether the offender abused a position of trust.

For general theft, the value categories include:

• Category 1: More than £100,000, or cases involving significant additional harm
• Category 2: £10,000 to £100,000, subject to additional-harm considerations
• Category 3: £500 to £10,000, subject to additional-harm considerations
• Category 4: Up to £500 where there is little or no significant additional harm

The court may move the case into a more serious category where there is additional emotional, practical or financial harm.

The court also considers the offender’s culpability. A significant breach of trust or responsibility can increase the seriousness of the offence, which may be particularly relevant where the person taking the money was an executor, administrator, carer or another trusted individual.

For fraud offences, abuse of a position of power, trust or responsibility can similarly increase culpability.

Other relevant factors can include:

• whether the conduct was planned or opportunistic;
• how long it continued;
• whether records were altered or destroyed;
• whether several withdrawals were made;
• whether the offender was an executor, attorney or carer;
• whether the money was repaid voluntarily;
• previous convictions and the timing of any guilty plea.

Repayment may be relevant to mitigation, but it does not necessarily erase an offence that was already complete.

How Have Sentencing Rules Changed in 2026?

A significant sentencing reform took effect in England and Wales on 22 March 2026.

Where a person convicted on or after that date receives a custodial sentence of 12 months or less, there is now a statutory presumption that the sentence should normally be suspended rather than served immediately, unless one of the legal exceptions applies.

The reforms also allow courts to consider suspending some custodial sentences of more than two years and up to three years.

A suspended sentence is still a criminal sentence. If the person breaches its requirements or commits another offence during the operational period, some or all of the prison sentence may be activated.

This does not mean that someone who takes money from a deceased account will automatically receive a suspended sentence. The court must first decide whether the offence is serious enough to justify custody and then apply the relevant sentencing rules.

What Civil Consequences Can Follow?

Criminal prosecution is not the only possible consequence.

An executor or administrator is legally responsible for safeguarding and administering estate assets.

If estate money is used improperly, beneficiaries or another personal representative may seek an account of what happened and repayment of the missing funds.

HMRC guidance confirms that personal representatives can incur personal liability if they distribute estate assets before taking reasonable steps to identify and settle estate debts.

The consequences may include:

• repayment of the money to the estate;
• a claim for financial losses caused by the withdrawal;
• legal costs;
• correction of the estate accounts;
• court proceedings concerning the administration of the estate;
• possible replacement of the person responsible for administering the estate.

In Scotland, the Scottish Courts and Tribunals Service similarly warns that executors are legally responsible for mistakes and that correcting errors can be expensive.

When Can Money Lawfully Be Taken From a Deceased Account?

Money may be accessed lawfully where the bank has accepted the person’s authority and the payment is made as part of proper estate administration.

Examples could include:

• An executor collecting funds into an estate account
• An administrator acting under letters of administration
• A bank or financial institution releasing funds through its formal bereavement procedure where it does not require probate or letters of administration
• Authorised payment of estate debts or expenses
• A properly calculated distribution to a beneficiary
• Continued use of a qualifying joint account by the surviving holder.

There is no single probate threshold that applies to every bank or financial institution. Each organisation can set its own requirements for releasing a deceased customer’s funds, meaning probate may be required at one bank but not another for a similar account balance.

A bank agreeing to release money without probate does not give relatives general permission to access the deceased person’s card, PIN or online banking credentials. The bank’s formal bereavement procedure should still be followed.

A grant of probate gives an executor the legal right to deal with the deceased person’s estate. When there is no valid will, an eligible person may instead apply for letters of administration.

Even an authorised executor should normally follow the bank’s bereavement procedure rather than using the deceased person’s card, PIN or online login.

Does a Power of Attorney Allow Withdrawals After Death?

No. A lasting power of attorney normally ends when the donor dies. An enduring power of attorney also ends upon the donor’s death.

An attorney who managed the person’s finances while they were alive does not automatically become the executor. After death, authority passes to the estate’s personal representative.

This means a former attorney should not continue making payments or withdrawals using the old authority unless they have separate authority as an executor or administrator and are following the bank’s estate procedure.

What Happens to a Joint Bank Account?

Joint accounts are treated differently from sole accounts.

MoneyHelper states that when one joint account holder dies, the account will usually continue in the remaining holder’s name.

However, continued access to the account does not always settle every ownership dispute.

Questions may arise where:

• most or all of the money was contributed by the deceased;
• the account was opened only to help someone manage bills;
• there was a declaration of trust or other agreement;
• another beneficiary alleges that funds were withdrawn dishonestly;
• the account was held for convenience rather than as a genuine gift.

MoneyHelper notes that joint accounts commonly pass to the surviving holder, but a different agreement or declaration of trust can affect how the deceased person’s share is treated.

A joint account case should therefore be assessed using the account mandate, source of funds, intentions of the account holders and relevant succession rules.

Practical Examples

Example 1: Using the Deceased Person’s Card

A son knows his mother has died but uses her card and PIN to withdraw £1,000 for personal expenses before notifying the bank.

The fact that she previously trusted him with the PIN would not necessarily authorise withdrawals after her death. The transaction could lead to an investigation for theft or fraud, depending on the evidence.

Example 2: An Executor Pays an Estate Bill

An executor provides the bank with the required documents, transfers money into an estate account and uses it to pay a valid tax or professional bill.

This would ordinarily form part of lawful estate administration, provided that records are maintained and the expense is legitimate.

Example 3: An Executor “Borrows” Estate Money

An executor transfers £8,000 to a personal account, intending to return it several months later.

Calling the transaction a loan does not automatically make it lawful.

An executor cannot normally treat estate assets as personal funds without proper authority. The transaction could result in repayment proceedings and, where dishonesty is proved, criminal allegations.

Example 4: A Surviving Joint Account Holder Pays Household Bills

A surviving spouse continues using a genuine joint account to pay the mortgage, utilities and household costs.

The account will generally continue in the surviving holder’s name. However, unusual transfers or disputes about the beneficial ownership of the funds may still require legal examination.

What Should Be Done If Money Has Already Been Taken?

Where a withdrawal may have been unauthorised, the safest course is to address it promptly rather than conceal it.

The appropriate steps generally include:

1. Stopping further transactions. The deceased person’s card, PIN and online credentials should not be used.
2. Preserving evidence. Bank statements, receipts, messages and records of what the money was used for should be retained.
3. Contacting the bank. Its bereavement or fraud team can protect the account and explain its documentary requirements.
4. Informing the personal representative. The transaction must be accurately reflected in the estate records.
5. Obtaining legal advice. A probate solicitor may advise on estate recovery, while a criminal solicitor should be consulted where an allegation has been made.
6. Considering a fraud report. Suspected fraud can be reported through the appropriate police reporting service.

Where fraud is suspected, the reporting system has recently changed. Report Fraud replaced Action Fraud on 4 December 2025 as the national fraud and cyber-crime reporting service for England, Wales and Northern Ireland, with the service continuing its rollout during 2026.

People in England, Wales and Northern Ireland can report suspected fraud through Report Fraud. The bank should also be contacted promptly where a bank account, card or transfer is involved so that further transactions can be investigated or prevented.

The position is different in Scotland, where suspected fraud should normally be reported to Police Scotland rather than through the England, Wales and Northern Ireland reporting service.

Final Takeaway

There is no single automatic punishment for taking money from a deceased account in the UK.

In England and Wales, an unauthorised and dishonest withdrawal could potentially amount to theft, carrying a maximum of seven years’ imprisonment, or fraud, carrying a maximum of 10 years.

The actual outcome depends on the amount, purpose, authority, planning, abuse of trust and impact on the estate and beneficiaries.

Not every post-death transaction is criminal. Executors, administrators and surviving joint account holders may have legitimate authority in certain circumstances.

The correct approach is to notify the bank, follow its bereavement procedure, keep complete estate records and avoid using the deceased person’s card, PIN or online credentials.

Frequently Asked Questions

Can a Family Member Withdraw Money Before Probate?

A family member cannot withdraw money merely because they are related to the deceased.

An executor or administrator may sometimes deal with limited assets before receiving a grant where the bank’s procedure allows it, but the bank’s formal requirements must be followed.

Can an Executor Take Money From the Estate Account?

An executor may use estate funds for legitimate administration expenses, debts, taxes and authorised distributions.

Using the money for personal purposes without authority can expose the executor to civil and potentially criminal consequences.

Is Using a Deceased Person’s Bank Card Fraud?

It can be. The legal position depends on authority, dishonesty, intention and any representations made to the bank. Using the card after death for personal benefit is particularly risky.

Can Funeral Costs Be Paid From the Deceased’s Account?

Some banks may pay a funeral director directly after receiving the invoice and required evidence of death.

The family should contact the bank’s bereavement team instead of withdrawing cash or using the deceased person’s card.

Does a Bank Account Freeze Automatically When Someone Dies?

A bank may not know about the death immediately. Once notified, it will apply its bereavement procedures to sole accounts.

The fact that an account remains technically accessible does not give another person permission to use it.

Can a Beneficiary Report an Executor for Taking Money?

Yes. A beneficiary can raise concerns with the bank, other personal representatives, a probate solicitor or the police where dishonesty is suspected.

The appropriate route depends on whether the concern involves poor administration, a civil dispute or suspected crime.

What Evidence Is Needed to Prove Money Was Taken?

Relevant evidence may include bank statements, cash-machine records, transfers, account-login records, messages, receipts, estate accounts and evidence showing who controlled the card or device.

Does the Same Law Apply Across the UK?

No. England and Wales, Scotland and Northern Ireland have different court systems and some different criminal and succession laws.

The general principle that estate money must not be dishonestly taken applies throughout the UK, but the offence, procedure and sentence can differ.