Question re stealing money from account after death?

weemck85

Hello everyone,

This is a bit of a mess. Basically, my mum and dad split up a few years ago, although never divorced or were 'legally separated.' My dad has been with a new partner ever since. Sadly, my dad died quite recently and my mum and I have been trying to sort through his bank accounts etc. Further to this, my mum is the executor of his estate.

Today, we went into his bank, and found out that the day he died, his new partner withdrew £300 from an ATM using his bank card. The next day, she withdrew another £300 from an ATM again using his bank card, then somehow has managed to create a faster payment transfer from his account to hers for just under £3500. The bank account in question is a joint account of my mums and dads although my mum hasn't used it in years. This other woman has no authorisation on the account at all. How she had the pin numbers/online account access is a mystery but the only thing going for us is that all monies were taken after my dad had died.

The bank are saying they will pass it to their fraud team to investigate and we should hear back shortly, but can anyone tell me the odds of re-couping all of the money? The bank is Santander and various google searches have shown that they're not great at returning money. But surely my dad has been the victim of identity fraud and as such the bank have been defrauded?

I'm absolutely disgusted and sick to the stomach. Any advice would be gratefully received.

Thanks

Steve_xx

I wouldn't say dad has been the victim of ID fraud. It's more likely that he divulged details or left details in the house regarding his PIN's etc or they had arranged between them that she could have access to funds perhaps.

If your dad didn't leave a will, then the laws of intestasy will apply. Given that your Mum and he were not divorced then it is probably Mum who stands to inherit and/or you, if you are the only offspring.

Given that dad has died, then it seems to me that this has become a case of theft. Therefore you might consider involving the police.

You should absolutely be requesting that the bank allows no further funds to be removed from his account pending receipt of proof as to who is entitled to administer his estate.

weemck85

Hi,

Thanks for your reply. He did leave a will that names my mum as the executor and myself as the trustee. I spoke to Action Fraud about this and basically what they've said is if Santander refund all the money that's been taken, then effectively we are no longer victims and can't take it any further. I just want to know that action of some description will be taken against the other woman. My dad was a very private man and I cannot see him providing his pin number/online banking details to anyone. Besides, he's dead so he can't confirm nor deny that if she was planning on using that as an excuse.

She has literally established to the last penny how much money was available without going over the overdraft and she's cleared the entire lot. As previously mentioned, my mum is still the joint account holder despite not using/paying into it in years. I don't do many bacs transfers online but surely you have to tick a box saying you have permission of all the account holders to do anything, which she wouldn't have because my dad was dead and my mum was unaware.

My main concern is just trying to establish the likelihood that the funds will be paid back and the woman will be flagged as being involved in some sort of financial fraud.

Santander have put a stop on everything and they told me that they will be in contact as soon as possible with regards to what will happen and if I need to go to the police.

Steve_xx

As I see it, technically, your mothers name is still on the account and therefore whateven money there is now becomes hers, as a result of your fathers demise.

So then it would appear to me that theft has been comitted against dads estate and your mother.

Your mother is the one who ought to be progressing this with Sanatnder as she is named on the account, regardless of the fact that she no longer resided with dad. Techinically, your mother has had her money stolen. It is a matter for the police. Though the Santander fraud investigation should continue too.

You should consider the merit of reporting this to the police for sure.

[Deleted User]

The death has no bearing on it here. Because it's a joint account, all the money in it became your mum's property on the moment your dad died. This money does NOT form part of the estate.

If this person has taken money after the death, they've stolen it from your mum - even if they had your dad's card and PIN - because as soon as your dad died, it was no longer his money. It was ALL your mum's... 100% ot it.

Forgetting the estate side, the executor side, and all that - your mum needs to report it to the police as a theft, and follow legal process.

[Deleted User]

Steve_xx wrote: »

it would appear to me that theft has been comitted against dads estate and your mother.

This isn't true - because the money ceased to be the dad's at the moment of death. 100% of the money passed to the surviving person named on the account - the mum.

Steve_xx wrote: »

Techinically, your mother has had her money stolen. It is a matter for the police.

Exactly this.

bouicca21

Am I the only person who feels that the partner might be justified in using this money? Whatever the law says, and I entirely appreciate that without a divorce the wife is entitled to inherit unless the will specifically says otherwise, this man's partner may have been left in a vulnerable position, emotionally and financially. She has obviously been given sufficient information to access the account - which may even have some of her money in it. Son and wife may still feel bitter about the circumstances of the break up but this woman does deserve some sympathy.

How much money is at stake? Who is the beneficiary under the will?

Steve_xx

bouicca21 wrote: »

Am I the only person who feels that the partner might be justified in using this money? Whatever the law says, and I entirely appreciate that without a divorce the wife is entitled to inherit unless the will specifically says otherwise, this man's partner may have been left in a vulnerable position, emotionally and financially. She has obviously been given sufficient information to access the account - which may even have some of her money in it. Son and wife may still feel bitter about the circumstances of the break up but this woman does deserve some sympathy.

How much money is at stake? Who is the beneficiary under the will?

Well who here really knows how it all was?

We're trying to provide answers about the legality of it all. The sympathy issue for the partner is another question really and I don't want to make comment on that here.

McKneff

bouicca21 wrote: »

Am I the only person who feels that the partner might be justified in using this money? Whatever the law says, and I entirely appreciate that without a divorce the wife is entitled to inherit unless the will specifically says otherwise, this man's partner may have been left in a vulnerable position, emotionally and financially. She has obviously been given sufficient information to access the account - which may even have some of her money in it. Son and wife may still feel bitter about the circumstances of the break up but this woman does deserve some sympathy.

How much money is at stake? Who is the beneficiary under the will?

Im with you.... I feel a bit sorry for the lady who has lost her 'partner' sad, sad, sad, there is a lot of selfishness here, which is what happens when someone dies with any money and the £1 signs are reflected in the eyes...... Can you (OP) not feel some compassion for this lady who has lost her partner....

Steve_xx

McKneff wrote: »

Im with you.... I feel a bit sorry for the lady who has lost her 'partner' sad, sad, sad, there is a lot of selfishness here, which is what happens when someone dies with any money and the £1 signs are reflected in the eyes...... Can you (OP) not feel some compassion for this lady who has lost her partner....

Or you could take the other view that this lady has systematically stripped bare her ex-partners bank account and thus has deprived the dead partners offspring from benefitting from his estate.

elsien

Or alternatively, has recouped money from her partner that the ex who's had nothing to do with him for years and probably didnt put there has suddenly decided is hers. Legally this may be the case, but from where I'm sitting no one comes particularly well out of this.