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 legal authority can have serious consequences in the UK.

Depending on what happened, the conduct may amount to theft, fraud or a breach of an executor’s duties, and the person responsible could be required to repay the money as well as face criminal proceedings.

However, not every withdrawal from an account after someone dies is unlawful.

An executor or administrator may legitimately deal with estate funds where they have the necessary authority, while banks can sometimes release money for specific purposes such as paying Inheritance Tax.

The crucial questions are who took the money, what authority they had and what they intended to do with it.

Is It Illegal to Take Money From a Deceased Person’s Bank Account?

It can be.

When someone dies, their money and other assets generally have to be dealt with as part of their estate.

GOV.UK states that the personal representative — normally an executor named in the will or an administrator where appropriate — is legally responsible for the deceased person’s estate during the administration period.

Being a relative, beneficiary or even the person who previously managed the deceased person’s finances does not automatically give someone the right to continue withdrawing money after death.

Examples that could raise criminal concerns include using the deceased person’s debit card after their death, logging into their online banking and transferring money to a personal account, withdrawing cash using their PIN, pretending the account holder is still alive, or an executor deliberately taking estate money for themselves when they are not entitled to it.

Whether a criminal offence has actually been committed depends on the evidence, including the person’s authority, knowledge, intention and the ownership of the money.

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

There is no single offence called “taking money from a deceased account”. The charge will depend on the circumstances.

In England and Wales, dishonest withdrawals may potentially fall within theft or fraud legislation.

The Fraud Act 2006 also applies in Northern Ireland. Scotland has a separate criminal-law system, so the precise offence and sentencing rules can differ.

These figures are maximum penalties, not automatic sentences.

The actual outcome can range from no criminal charge at all through to a fine, community order or imprisonment, depending on the circumstances.

Theft

Under the Theft Act 1968, theft broadly involves dishonestly appropriating property belonging to another with the intention of permanently depriving them of it.

The Sentencing Council states that general theft has a maximum sentence of seven years’ custody in England and Wales.

Its sentencing guideline covers offences including theft committed in breach of trust.

For example, if someone deliberately transfers estate money into their own account knowing that they have no entitlement to it and intending to keep it, investigators may consider whether the facts support a theft allegation.

The offence ultimately charged is a matter for investigators and prosecutors.

Fraud

Some cases may instead amount to fraud.

The Fraud Act 2006 covers offences including fraud by false representation and fraud by abuse of position.

The CPS explains that, in cases involving bank accounts, an important issue can be whether the defendant had the right to use the account.

Fraud can overlap with theft, and prosecutors determine which offence best reflects the alleged conduct.

Fraud under the Act can carry a maximum sentence of 10 years’ imprisonment on conviction on indictment, as well as a fine.

Fraud by abuse of position could be particularly relevant where someone was expected to safeguard another person’s financial interests but dishonestly used that position for personal gain.

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

An executor can have legitimate authority to deal with estate money, but that does not mean the money becomes the executor’s personal property.

GOV.UK explains that personal representatives are legally responsible for the deceased person’s assets from the date of death until they are transferred to beneficiaries.

Where there is more than one personal representative, they should agree how financial assets are held and establish rules for withdrawals and payments.

An executorship account can also be used to hold estate funds.

Under section 25 of the Administration of Estates Act 1925, personal representatives in England and Wales have a duty to collect and administer the deceased person’s estate according to law.

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

The situation becomes very different if an executor intentionally transfers estate money to themselves for personal use without being legally entitled to it.

Such conduct can expose the executor to demands to restore the money to the estate and potentially to civil proceedings.

Where dishonesty can be proved, criminal offences such as theft or fraud may also be investigated.

Does Power of Attorney Continue After Someone Dies?

No.

A common misunderstanding is that somebody who held a Lasting Power of Attorney (LPA) for the deceased can continue accessing their bank accounts after death.

GOV.UK states that an LPA usually ends because the donor has died.

This means an attorney who was authorised to manage someone’s finances while they were alive should not simply continue using that authority after the person’s death.

From that point, responsibility for administering the estate passes into the probate or estate-administration process.

Using an old bank card, online banking access or an LPA after the account holder has died does not create continuing legal authority merely because the person had permission before the death.

What If the Person Taking the Money Is a Beneficiary?

Being named in a will does not normally mean a beneficiary can immediately take money from the deceased person’s bank account.

The estate first has to be administered. Debts and taxes may need to be paid before the remaining assets can be distributed according to the will or the applicable intestacy rules.

GOV.UK describes this process as dealing with the estate and then distributing it according to the will or law.

For example, someone might know that a will leaves them £20,000.

That does not normally give them permission to use the deceased person’s card and withdraw £20,000 themselves.

The correct payment should ordinarily come through the administration of the estate.

Are There Situations Where Money Can Legally Leave the Account After Death?

Yes. A transaction occurring after death is not automatically evidence of theft.

Banks and personal representatives may make legitimate payments from an estate in appropriate circumstances.

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

The process can begin before probate or, in Scotland, confirmation has been obtained.

Banks can also have procedures for dealing with smaller estates and certain estate expenses.

Joint accounts require particular care as well.

Rights over a joint account can be different from those applying to an account held solely in the deceased person’s name, and the ownership position should be established before assuming that a withdrawal was unlawful.

What Determines the Sentence?

The amount of money involved is important, but it is not the only consideration.

For theft in England and Wales, the Sentencing Council assesses both culpability and harm.

The general theft guideline provides outcomes ranging from a discharge or fine for less serious offending through to substantial custodial sentences for serious cases, with a statutory maximum of seven years for a single theft offence.

Factors such as a significant amount of money, repeated withdrawals, deliberate planning, abuse of a position of trust and attempts to conceal transactions can make a case more serious.

Conversely, the precise circumstances of the offence and offender can affect the ultimate sentence.

This is why two cases involving withdrawals from deceased people’s accounts can produce very different outcomes.

What If the Money Is Paid Back?

Returning the money does not automatically mean that no offence occurred.

If the elements of theft or fraud were already completed, repayment afterwards does not necessarily erase the alleged criminal conduct.

However, repayment and other circumstances can be relevant when prosecutors consider a case and when a court decides the appropriate sentence.

A person who has taken estate money without being certain that they were entitled to it should obtain independent legal advice rather than attempting to conceal transactions or alter estate records.

What Should Someone Do If Money Has Been Taken From a Deceased Account?

Where suspicious transactions appear on a deceased person’s account, the first priority should generally be preserving evidence and preventing further loss.

The bank should be contacted so that it can investigate the transactions and secure the account where appropriate.

The executor or administrator should also review the deceased person’s statements and maintain accurate estate accounts.

If deliberate fraud is suspected, it may also be appropriate to report the matter to the police or the national fraud reporting service.

Since December 2025, Report Fraud has replaced Action Fraud as the national reporting platform for cyber crime and fraud.

The official government announcement states that reports can be made through Report Fraud or by calling 0300 123 2040.

In Scotland, fraud should generally be reported to Police Scotland rather than through the England, Wales and Northern Ireland reporting route.

Where an executor or administrator is suspected of misusing estate funds, beneficiaries may also need specialist probate advice because criminal reporting and recovering money through the estate are separate legal issues.

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

Yes, imprisonment is possible where the conduct amounts to a sufficiently serious criminal offence.

In England and Wales, theft can carry up to seven years’ imprisonment, while offences under the Fraud Act 2006 can carry up to ten years.

That does not mean everyone who makes an improper withdrawal will receive a prison sentence.

The court considers the particular offence, amount involved, culpability, harm, mitigating and aggravating circumstances and any guilty plea before determining the sentence.

Final Word

The punishment for taking money from a deceased account in the UK depends on whether the withdrawal was authorised and, if not, what offence the conduct amounts to.

An executor legitimately paying estate expenses is very different from a relative secretly withdrawing cash using the deceased person’s card.

In England and Wales, serious unauthorised conduct could potentially result in prosecution for theft, carrying up to seven years’ imprisonment, or fraud, which can carry up to ten years.

Anyone dealing with a disputed deceased estate should therefore distinguish between a genuine probate disagreement and suspected dishonesty.

Where significant money is involved, advice from a solicitor specialising in probate, contentious estates or criminal law may be appropriate.

Frequently Asked Questions

Can you withdraw money from someone’s bank account after they die?

Only where there is proper legal authority or an applicable bank or estate procedure.

Simply knowing the PIN, holding the debit card or previously managing the person’s finances does not automatically provide authority after death.

Is using a deceased person’s bank card illegal?

Using it without lawful authority and dishonestly obtaining money may potentially constitute theft or fraud. The exact offence depends on the circumstances.

Can a family member take money before probate?

Being a family member alone does not provide authority to take estate money.

Some assets or payments can be dealt with without a grant of probate depending on the circumstances and the financial institution’s requirements, but this is different from privately withdrawing money without permission.

Does an executor own the money in the estate?

No. An executor or administrator is responsible for administering estate assets. Those assets must ultimately be dealt with according to the deceased person’s will or the applicable law.

Can you use a deceased person’s bank account to pay for their funeral?

Yes, in some circumstances.

Banks may release money from the deceased person’s account directly towards funeral expenses, sometimes before probate is granted, but the bank’s own procedures and evidence requirements will apply.

What happens to a bank account when someone dies without a will?

If there is no will, the deceased’s estate, including money in their bank accounts, is administered under the rules of intestacy.

The person entitled to act will generally need to apply to become the estate’s administrator before accessing and distributing assets where probate is required.

Can money be paid into a deceased person’s bank account?

Payments may sometimes continue reaching an account until the bank and payer are notified, but future payments should normally be redirected or dealt with by the estate’s personal representative.

Money received after death does not automatically belong to relatives and some payments, such as overpaid benefits, may have to be repaid.

Can an executor use a deceased bank account?

An executor can access and manage the deceased person’s money for legitimate estate purposes once the bank’s requirements have been satisfied.

Estate funds should be used for matters such as debts, taxes, administration expenses and beneficiary distributions rather than the executor’s personal spending.

Why should you not tell the bank when someone dies?

There is no general reason to deliberately avoid telling the bank.

The bank should normally be informed so it can secure sole accounts, explain its bereavement process and establish who is legally authorised to deal with the deceased person’s money.