What Is the Punishment for Taking Money From a Deceased Account in the UK?

Taking money from a deceased person’s bank account without proper authority can have serious consequences in the UK. Depending on what happened, who took the money and whether the conduct was dishonest, the matter could lead to repayment of the money, civil court action, removal of an executor and, in serious cases, prosecution for theft or fraud.

In England and Wales, general theft carries a maximum sentence of seven years’ custody, while fraud under the Fraud Act 2006 can carry a maximum of 10 years’ custody. These are statutory maximums, not automatic sentences. The sentence in an individual case depends on factors including the amount involved, planning, abuse of trust, financial harm and the offender’s circumstances.

There is an equally important qualification: money leaving an account after somebody dies is not automatically unlawful.

Banks can, for example, make authorised payments directly from a deceased customer’s account for funeral expenses or Inheritance Tax. An executor or administrator can also deal with estate assets when legally entitled to do so, while surviving joint-account holders will normally continue to have access to a joint account.

For this October 2026 update, the UK Finance Blog team reviewed current government guidance, sentencing information, bank bereavement policies, recent criminal cases and published commentary from UK probate specialists. The result is a more precise answer than simply saying that every post-death withdrawal is a criminal offence.

What Is the Punishment for Taking Money From a Deceased Account in the UK?

There is no single offence called “taking money from a deceased account”.

The possible punishment depends on the legal offence that the conduct actually amounts to.

The important distinction is therefore between authorised estate administration and dishonest appropriation or fraud.

A person does not receive immunity simply because they are a child, spouse, beneficiary or executor. Equally, a technical mistake by an executor does not automatically make that person a criminal.

Is It Always Illegal to Withdraw Money After Someone Dies?

No. This is one of the most important distinctions missing from many online explanations of the subject.

When a bank is told that the holder of an individual account has died, the account will normally be frozen. MoneyHelper explains that the bank may nevertheless be able to pay essential funeral bills directly when appropriate documents such as the death certificate and funeral invoice are supplied. It specifically warns people against simply using the deceased person’s PIN or online banking credentials.

There is therefore an important difference between:

asking the bank to make a legitimate estate payment, and logging into the deceased person’s online banking or using their card as though they were still alive.

The first can be entirely legitimate. The second may amount to unauthorised access and, if accompanied by the necessary dishonesty and intention, could form part of a theft or fraud investigation.

When Could Taking the Money Amount to Theft?

In England and Wales, theft broadly involves dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it.

The maximum sentence for general theft is seven years’ custody. Sentencing is based on culpability and harm, including the level of planning, the financial loss and other harm caused.

A potential example would be someone discovering a deceased relative’s bank card and withdrawing thousands of pounds for themselves, knowing that they have no authority to take the money.

Whether theft has actually been committed is a question of the particular evidence. Lack of authority by itself is not a substitute for establishing the legal elements of the offence, including dishonesty.

When Could It Be Fraud Instead?

Fraud can become particularly relevant where somebody lies about their authority, conceals transactions or abuses a position of trust.

The Fraud Act 2006 covers several forms of fraud, including fraud by false representation, failure to disclose information and abuse of position. The maximum sentence for fraud is 10 years’ custody.

Fraud by abuse of position can be particularly relevant to estate cases because an executor or another person trusted to protect somebody else’s financial interests may have access to money that they are not entitled to use personally.

For example, concerns could arise where an executor secretly transfers estate funds into their personal account, fabricates supposed estate expenses, conceals assets from beneficiaries or uses estate money to pay their own debts.

That does not mean every disputed executor payment is fraud. Prosecutors would still need evidence capable of proving the relevant criminal offence.

Can an Executor Take Money From a Deceased Person’s Account?

An executor can legitimately deal with estate money as part of administering the estate, but that does not make the money their personal property.

Their role is fundamentally different from inheriting the money.

Estate funds may need to be used for legitimate purposes such as funeral expenses, tax, debts, administration costs and ultimately distributions to beneficiaries. Proper records should be maintained so transactions can be explained.

Problems arise when somebody entrusted with the estate starts treating estate money as their own.

A recent Hertfordshire case demonstrates how serious that can become. Mark Totton, who had been acting as executor of a deceased family member’s estate, was found to have misappropriated approximately £209,000. He was convicted of fraud by abuse of position and sentenced to five years in prison in August 2025.

The case should not be treated as a sentencing formula for other estates. It illustrates that substantial, dishonest misuse of estate funds by somebody occupying a position of trust can result in a significant custodial sentence.

Does Being the Sole Beneficiary Give You Immediate Access to the Bank Account?

Not necessarily. Being entitled to inherit an estate and having legal authority to operate the deceased person’s bank account are different issues.

A will might ultimately leave everything to one person, but that does not necessarily mean the beneficiary can take the deceased person’s debit card, withdraw the balance immediately and bypass the estate administration process.

The estate can still have funeral expenses, debts, tax liabilities and administration costs that have to be dealt with before the final inheritance is distributed.

Where the beneficiary is also the executor, the two roles should still be kept conceptually separate. The person is first dealing with money in their capacity as personal representative and only later receiving what is properly due to them as beneficiary.

Does Power of Attorney Continue After Death?

No. This is another area where costly mistakes occur.

A Lasting Power of Attorney ends automatically when the donor dies. GOV.UK states that the deceased person’s affairs then pass to their executors or other personal representatives rather than continuing to be controlled by the attorney.

Therefore, somebody who legitimately operated a person’s bank account under a property and financial affairs LPA while they were alive should not assume that the authority continues after death.

The fact that the bank card, PIN, banking app or online login still technically works does not mean the former attorney still has legal authority to use it.

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

Yes, in appropriate circumstances, and this is why statements claiming that “no money can leave the account until probate” are too broad.

MoneyHelper says banks can sometimes pay essential funeral bills directly from the deceased person’s account when the required evidence is supplied.

Individual banks also have their own procedures. Nationwide, for example, states that before a Grant of Representation is obtained it can release funds for funeral costs, probate court fees and Inheritance Tax. Funeral payments are made against the invoice rather than handing the cash to a relative to spend as they wish.

The safer approach is therefore to tell the bank what payment needs to be made and follow its bereavement procedure rather than independently using the deceased person’s card or online account.

Can Inheritance Tax Be Paid Before Probate?

Yes. HMRC’s Direct Payment Scheme allows participating banks, building societies and investment providers to pay some or all of the deceased person’s Inheritance Tax directly from their accounts.

Crucially, GOV.UK states that this process can begin before probate has been obtained or before confirmation in Scotland.

This matters because Inheritance Tax can sometimes need to be addressed as part of obtaining the grant itself.

Estate taxation is also becoming more important for pension planning. From April 2027, changes are due to affect how certain unused pension funds and death benefits interact with Inheritance Tax. Our analysis of the inherited pensions tax rules from April 2027 explains that wider change in more detail.

Do You Always Need Probate Before a Bank Releases the Money?

No. There is no single UK-wide bank balance at which probate automatically becomes compulsory for every financial institution.

Banks set their own bereavement procedures and can also exercise discretion.

For example, HSBC currently states the following amount limits for UK residents: £50,000 where there is a will and a Grant of Probate is relevant, and £25,000 where there is no will and Letters of Administration are relevant. HSBC also makes clear that it may still ask for a grant below those limits.

Nationwide operates a different procedure. It says sole accounts with a combined balance below £50,000 may potentially be closed without a grant where one is not being obtained, while balances above £50,000 require a Grant of Representation.

These examples demonstrate why articles quoting a supposed universal “UK probate bank limit” can be misleading.

The relevant bank’s current bereavement rules should always be checked.

What Happens to a Joint Bank Account When One Person Dies?

Joint accounts are treated differently from sole accounts.

MoneyHelper states that where the deceased person had a joint account and the other joint owner is still alive, the surviving account holder can continue to access the money.

However, this does not mean every dispute involving money held jointly is automatically resolved by whose name remains on the bank account.

Questions about the beneficial ownership of money can become complicated where, for example, most or all of the funds were contributed by the deceased or somebody alleges that the account was opened for convenience rather than as a genuine gift of beneficial ownership.

Where significant money or a family dispute is involved, the bank’s operational treatment of the account and the underlying legal ownership of the money should not automatically be assumed to be identical.

Is There a 40-Day Rule for Taking Money From a Deceased Account?

There is no general UK law saying relatives must wait exactly 40 days before money can be withdrawn from a deceased person’s bank account.

This is an important content gap because some online discussions present various banking timescales as though they were statutory rules.

What actually happens depends on factors such as whether the account is sole or joint, whether the bank has been notified, the size and nature of the estate, whether probate or confirmation is needed and which documents have been supplied.

Individual institutions have their own administrative processing periods. Those operational timescales should not be confused with a legal 40-day waiting period.

Is There a Two-Year Rule After Someone Dies?

There are important two-year rules in inheritance and tax planning, but they do not create a general right to withdraw money from a deceased person’s account after two years.

For example, certain post-death variations to inheritance arrangements can potentially receive particular Inheritance Tax and Capital Gains Tax treatment where the statutory requirements are satisfied within two years of death.

That is a separate issue from authority to use a bank account.

Anyone searching for a supposed “two-year bank account rule” should therefore be careful not to mix tax-planning deadlines with estate administration and bank mandates.

What Do Recent UK Cases Show About the Possible Prison Sentence?

Maximum sentences provide the legal ceiling, but real cases give better context.

A particularly relevant prosecution involved former Co-operative Bank director Paul Flowers. The Crown Prosecution Service said Flowers had withdrawn money and purchased goods and services using a friend’s bank account both before and after her death.

He was jailed for three years at Manchester Crown Court in February 2025.

Jayne Sharp, Senior Crown Prosecutor for CPS North West, described the conduct as:

“He carried out a systematic fraud over a period of six years.”

The prosecution emphasised the evidence showing that transactions were not for the benefit of the account holder.

Separately, the Mark Totton estate case resulted in a five-year prison sentence after approximately £209,000 was misappropriated from an estate.

These cases demonstrate two important points. First, prison is a genuine possibility in serious estate-fraud cases. Second, there is no automatic sentence simply because money was taken after a death. The court looks at the offence proved and the complete factual circumstances.

What Factors Affect the Sentence?

For theft and fraud cases in England and Wales, courts consider both culpability and harm.

The amount taken matters, but it is not the only consideration. Planning, sophistication, persistence, abuse of responsibility, attempts to conceal the conduct and the wider impact on beneficiaries can all affect seriousness.

The Sentencing Council confirms that general theft sentencing considers planning and the offender’s role when determining culpability, while harm includes financial loss and other effects suffered by victims.

This means two withdrawals involving the same sum could lead to very different outcomes.

A confused relative who immediately reports an error and returns the money presents a materially different factual situation from an executor who spends months transferring estate assets to themselves, falsifying records and misleading beneficiaries.

Can Returning the Money Prevent Prosecution?

Returning money can be important, but it does not automatically erase whatever has already happened.

Repayment may affect issues such as financial loss, mitigation and civil recovery. However, if a criminal offence had already been completed, subsequently putting the money back does not necessarily mean that no offence occurred.

This is why somebody who discovers that they have made an unauthorised withdrawal should avoid trying to “fix” the accounting by creating false invoices, deleting records or disguising transactions.

A documented correction is very different from a concealment exercise.

What Should Someone Do If They Have Already Taken Money?

Where money has already been withdrawn and authority is uncertain, the priority should be to prevent the situation becoming more complicated.

A sensible sequence is:

1. Stop making further transactions from the deceased person’s sole accounts until authority has been established.
2. Keep the complete records, including statements, receipts, messages and details of where the money went.
3. Tell the executor, administrator or relevant bank rather than attempting to conceal the withdrawal.
4. Do not fabricate expenses or back-date documents to make a transaction appear authorised.
5. Arrange repayment properly if required, ensuring there is an audit trail.
6. Obtain independent legal advice promptly where the amount is substantial, beneficiaries disagree or fraud/theft allegations have been made.

The correct response will depend heavily on why the money was taken and what legal authority existed at the time.

What If an Executor Has Taken Estate Money?

Beneficiaries should distinguish between an unexplained transaction and proven theft.

An executor may legitimately pay funeral costs, tax, debts, professional fees and other administration expenses from the estate. A transfer therefore needs to be investigated in context rather than assumed to be criminal simply because beneficiaries do not recognise it.

Warning signs become more significant where large payments go directly to the executor, explanations repeatedly change, estate accounts are withheld, assets disappear, documents appear to have been altered or the executor cannot produce invoices and records supporting payments.

Published probate-fraud commentary from Alison Parry of JMW Solicitors makes the practical point that:

“Early detection can make it easier to protect the estate and preserve supporting evidence.”

Her September 2026 analysis identifies executor fraud, concealed property and false debts among the forms probate fraud can take and recommends preserving bank statements, estate accounts, correspondence, property records and other evidence where concerns arise.

That is an important distinction for families. Concerns should be investigated carefully and documented rather than turning immediately into unsupported accusations.

Can Beneficiaries Recover Money Without a Criminal Conviction?

Potentially, yes.

Criminal prosecution and civil estate litigation are separate processes.

Depending on the jurisdiction and facts, beneficiaries or replacement personal representatives may be able to seek recovery of estate money, require accounts and explanations, challenge improper payments, seek removal or replacement of a personal representative, pursue compensation or ask the court for urgent remedies where assets are at risk.

A criminal conviction is therefore not necessarily a prerequisite for attempting to recover estate assets.

Likewise, the fact that police or prosecutors do not pursue a case does not automatically establish that an executor has administered the estate correctly. The evidential and legal questions in civil proceedings can be different.

What Evidence Is Useful If Money Has Disappeared?

Banking and documentary evidence tends to be particularly important.

Relevant material can include statements showing transfers and cash withdrawals, the deceased person’s will, probate documents, estate accounts, receipts, invoices, emails, text or WhatsApp messages, correspondence with banks, property-sale records and explanations previously given by the executor.

Digital records should be preserved rather than altered.

Where urgent legal proceedings may be necessary, a solicitor specialising in contentious probate or civil fraud can advise on preservation and disclosure of evidence and whether protective court orders are appropriate.

Where Should Suspected Fraud Be Reported?

In England, Wales and Northern Ireland, people should be aware that Report Fraud replaced Action Fraud as the national fraud and cybercrime reporting service on 4 December 2025.

The government’s announcement confirms that the new system includes a national contact centre and online reporting mechanism operated by City of London Police.

Where there is an immediate risk, another criminal offence or urgent safeguarding concern, the appropriate police route may also be relevant.

A disputed probate account is not automatically a criminal fraud report, however. In many estates it is sensible to obtain specialist legal advice to determine whether the problem appears to be criminal conduct, civil maladministration or simply an accounting dispute.

Are the Rules Different in Scotland?

Yes. It is important not to apply England and Wales terminology to every UK estate.

Scotland does not have the Fraud Act 2006 framework used in England and Wales. The Scottish Sentencing Council explains that fraud in Scotland is principally dealt with under common law.

The Scottish equivalent of obtaining authority to administer many estate assets is known as confirmation.

Therefore, a UK-wide article should not simply say that every Scottish case involving misappropriated estate money will be prosecuted under the Fraud Act.

The underlying principle remains similar: executors must administer estate assets properly, and dishonest appropriation or fraudulent conduct can have serious consequences. But Scottish criminal and succession law should be considered separately.

What About Northern Ireland?

Northern Ireland also has its own succession procedures.

For theft, section 7 of the Theft Act (Northern Ireland) 1969 provides a maximum sentence of 10 years’ imprisonment on conviction on indictment, rather than the seven-year maximum applying to general theft under the Theft Act 1968 in England and Wales.

Northern Ireland’s official guidance also explains that for small estates usually around £20,000 or less a grant may sometimes not be required to obtain money from a financial institution, although the bank sets its own requirements and release limits.

This is another reason why saying “UK law allows X” without identifying the jurisdiction can create inaccurate advice.

How Much Does Probate Cost in England and Wales in 2026?

For estates where probate is required in England and Wales, the application fee changed in July 2026.

The current GOV.UK fee is £526 where the estate is worth more than £5,000, while no application fee is payable for estates valued at £5,000 or less.

This cost does not give family members permission to bypass probate by withdrawing money themselves.

As explained earlier, some banks can make authorised payments for probate court fees or other specified estate expenses before a grant is obtained.

What Is the Difference Between a Mistake and Estate Fraud?

Intent and dishonesty are crucial.

Estate administration can be complicated. Personal representatives sometimes make accounting errors, misunderstand what an expense covers, distribute money too early or fail to keep adequate records.

Those mistakes can create personal liability without necessarily establishing fraud.

The picture changes where evidence indicates deliberate dishonesty—for example, hiding transfers, inventing beneficiaries, falsifying invoices, telling banks something known to be untrue or deliberately transferring money for personal use while pretending it is an estate expense.

A careful article therefore should not label every probate dispute “fraud”. Doing so can misrepresent both criminal law and genuine family disputes.

Does “Next of Kin” Automatically Have the Right to Withdraw Money?

No. “Next of kin” is often used informally to describe a close relative, but being the closest surviving family member does not automatically give somebody unrestricted authority to operate a deceased person’s sole bank account.

The bank will want to establish who is entitled to deal with the estate and which documents its bereavement procedure requires.

If there is a valid will, the named executor will usually be central to the process. Where there is no will, the appropriate person may need to obtain Letters of Administration in England and Wales.

The precise position differs in Scotland and Northern Ireland.

Can You Use the Deceased Person’s Debit Card to Pay Their Bills?

It is safer not to.

Even when the expense itself appears legitimate, using the deceased person’s card and PIN or logging in as though you were the account holder creates a different legal and evidential situation from asking the bank to make an authorised estate payment.

MoneyHelper specifically advises against accessing an individual deceased person’s accounts simply because you know their PIN or online banking login and recommends contacting the bank instead.

This applies even where somebody believes they will eventually inherit all of the money.

A future entitlement to the estate does not necessarily provide present authority to impersonate the deceased account holder or bypass the bank’s bereavement controls.

UK Finance Blog’s Assessment

The main issue with the question “what is the punishment for taking money from a deceased account UK?” is that it sounds as though there should be one fixed punishment.

There is not.

The key questions are who took the money, what authority they had, why the money was moved, whether the conduct was dishonest, which part of the UK applies and what happened to the estate as a result.

In England and Wales, theft can carry up to seven years’ custody and fraud can carry up to 10 years. Those maximums demonstrate the seriousness of deliberate financial wrongdoing, but they should not be presented as the likely sentence for every unauthorised withdrawal.

At the other end of the spectrum, perfectly legitimate payments can leave an account after death. Funeral invoices, probate fees and Inheritance Tax may be paid through formal bank procedures before the final estate administration is complete.

The safest principle is simple: do not use the deceased person’s banking credentials merely because you possess them. Establish your legal authority and follow the bank’s bereavement procedure.

Final Word

Taking money from a deceased person’s account is not governed by one automatic punishment.

A legitimate executor payment, a bank-authorised funeral payment and a dishonest transfer of inheritance money are legally very different situations.

For England and Wales, the most serious cases can potentially fall within theft or fraud offences carrying maximum sentences of seven and 10 years respectively. Northern Ireland has different theft legislation, while Scotland principally deals with fraud under common law.

Recent prosecutions also show that executor fraud is not merely theoretical: substantial misuse of estate money has resulted in multi-year prison sentences.

Anyone dealing with a deceased person’s finances should therefore work through the bank’s bereavement process, keep clear estate records and obtain specialist advice before moving money where their authority is uncertain.

Frequently Asked Questions

Can You Go to Jail for Taking Money From a Deceased Person’s Account?

Yes, if the conduct amounts to a criminal offence. Serious theft or fraud involving estate funds can lead to imprisonment, although the outcome depends on the offence and circumstances.

What Is the Maximum Sentence for Stealing Inheritance Money in England and Wales?

General theft has a maximum sentence of seven years’ custody, while fraud offences under the Fraud Act 2006 can carry up to 10 years.

Can an Executor Withdraw Money Before Probate?

Some estate transactions can take place before a grant, and banks may directly release money for specific purposes such as funeral costs or Inheritance Tax. The executor should follow the bank’s procedure rather than use the deceased person’s card or login.

Can a Beneficiary Withdraw Money If They Are Named in the Will?

Being a beneficiary does not, by itself, give unrestricted authority to operate the deceased person’s sole bank account. Estate administration and distribution normally need to take place first.

Is Using a Dead Person’s Bank Card Automatically Fraud?

It should not be described as automatically proving fraud in every case because a criminal offence has specific legal elements. However, using a deceased person’s card or banking credentials without authority can create serious legal problems and should be avoided.

Can Banks Release Money Without Probate?

Sometimes. Each financial institution sets its own bereavement requirements and thresholds, and banks may also release certain payments directly. There is no universal UK probate threshold applying to every bank.

Can Funeral Costs Be Taken From a Deceased Person’s Bank Account?

Potentially, yes. Banks may pay a funeral director directly after receiving the documents they require, even though the deceased person’s individual account has otherwise been frozen.

Does Power of Attorney Continue After Somebody Dies?

No. A Lasting Power of Attorney ends automatically when the donor dies, after which responsibility passes to the executors or other personal representatives.

What Should I Do If an Executor Has Taken Inheritance Money?

Preserve bank statements, estate accounts, correspondence and other evidence, request a proper explanation and obtain contentious-probate advice where significant money remains unexplained. Criminal and civil remedies may need to be considered separately.

Is There a 40-Day Rule for Withdrawing Money After Death?

There is no general UK statutory rule giving relatives permission to withdraw money after 40 days. Bank procedures, probate requirements and the personal representative’s authority determine what can be done.

Can Someone Avoid Punishment by Returning the Money?

Repayment may be relevant to loss and mitigation, but returning money does not automatically undo a criminal offence if one had already been committed.

Can Police Investigate an Executor for Stealing Estate Money?

Yes. Where evidence suggests deliberate theft or fraud rather than an ordinary probate dispute, criminal investigation and prosecution can be possible. Recent UK cases have resulted in substantial custodial sentences.