My dads bank account

rpc

I would absolutely report to the bank that your dad's card was used after he died. Give them a copy of the death certificate (and do the same to anywhere else your dad had money or debts).

You should do nothing else until you have letters of administration (if you are in E&W). As your dad did not have a spouse or civil partner, his children are first in line to be administrators. The responsibility for winding up his estate would then fall on you (AFTER you have the letters) - think about if this is what you want.

Gingernutty

rpc wrote: »

I would absolutely report to the bank that your dad's card was used after he died. Give them a copy of the death certificate (and do the same to anywhere else your dad had money or debts).

You should do nothing else until you have letters of administration (if you are in E&W). As your dad did not have a spouse or civil partner, his children are first in line to be administrators. The responsibility for winding up his estate would then fall on you (AFTER you have the letters) - think about if this is what you want.

The soonest the OP can do this is tomorrow. Once the account is frozen (and the card reported 'missing or stolen'), no one can get at the money until the executor has been granted probate.

securityguy

Gingernutty wrote: »

The soonest the OP can do this is tomorrow.

No, you can report cards stolen 24x7.

madbadrob

The question is here was the card used with the need of a pin or without a pin. If the latter then it is theft. If the former then it gets a lot tricker

Rob

smokeysmum

Hello everybody

I would like to thank everyone who has taken the time to help and advise me,and to say that it has helped me decide what I should do in what is a very stressful time.

I have decided I will take his death certificate into the bank tomorrow and get the account frozen,as from the replies here it seems to be the most urgent thing I should be doing

Just to clarify things,his card had been used with the pin number as dad had written it down and left it with the card,so hence the reason she was able to access his money so easily

As somebody suggested,I'm not sure if this would complicate matters with the bank?

To clarify also,Dad had never been married to her and yes he was residing in England (Lancashire)

Thanks to all

rpc

madbadrob wrote: »

The question is here was the card used with the need of a pin or without a pin. If the latter then it is theft. If the former then it gets a lot tricker

That is not really relevant. Use of a PIN does not automatically mean the cardholder was complicit and banks are not allowed to assume this. The PIN system is not nearly as secure as banks would like to you believe.

Normally, the fact that dad wrote down and handed out the pin would make him liable BUT he was dead at the time of the transaction so it shouldn't really have taken place. In this case, the transaction could never have been authorised by dad and I am not sure he carries liability for it. Withdrawing money (by any means) from the bank account of the deceased is fraudulent unless you have legal authority as the personal representative.

Also remember that not all transactions need a PIN. It is easy enough to muck up the chip to force a signature authorisation.

Just to clarify things,his card had been used with the pin number as dad had written it down and left it with the card,so hence the reason she was able to access his money so easily
As somebody suggested,I'm not sure if this would complicate matters with the bank?

I would not mention it at first. A simple "so-and-so withdrew money from his account after his death. They had no legal authority as they are not his personal representative". Beware that the front line you speak to will almost certainly not be knowledgeable enough to deal with in this case. It is not straightforward. I'd be looking for the case to be passed to the fraud unit just to get the correct answer from the bank.

If the bank ask how she got the PIN, just say "it's possible he gave it to her".

madbadrob

rpc wrote: »

Normally, the fact that dad wrote down and handed out the pin would make him liable BUT he was dead at the time of the transaction so it shouldn't really have taken place. In this case, the transaction could never have been authorised by dad and I am not sure he carries liability for it

However we do not know if dad said before he died to the partner. Here is my pin babe please use it to make sure you have enough to live on once I am dead. If he did then the estate is liable for the money being spent. How do you prove he didn't? Also the fact that whilst not technically legal why do the family have a poblem with the partner having a little money to live on. 2 years together would be sufficient for the court to order money from the estate to be paid under the reasonable provisions for dependents act.
Rob

rpc

madbadrob wrote: »

However we do not know if dad said before he died to the partner. Here is my pin babe please use it to make sure you have enough to live on once I am dead.

The dad can say whatever the heck he likes, once he is dead EVERYONE is bound to abide by his will and the processes thereof or the rules of intestacy. You cannot take money/possessions/whatever because "he told me I could have it" or "it's what he would have wanted."

Gingernutty

Dare I ask how it went today, OP?

smokeysmum

Hello all,

Sorry I didn't get back to everyone as soon as I thought I would,but I've only just finished dealing with things today at the bank as when I went in on Tues they made me an appointment to go back today to deal with it.

Well,the bank told me that my dad had two accounts with them,(which have now been frozen)and I don't need to apply for probate or administr ation as the amounts are under a certain amount all I need to do is wait for them to send me out a form to apply for the monies to be released

Also,they printed some statements for me which do indeed show that his partner has been making withdrawals from BOTH of his accounts after the date my dad passed away,they have advised me to contact the police,which I have now done

The police said I'm to take all the evidence down to the police station in the morning and have given me a reference number to quote when I do,they have said if it proves what I've told them,then she will indeed be charged with fraud


I am now trying to find out about my rights with regard to getting dads personal items from the house

I would like to say thanks to everybody who took the time to help and advise me on this thread as the advice given here cleared my very confused mind and made it clear that my first step was to contact the bank.