Is This Transfer Legal? Surely not...

Brainfire

So, my father passed away in December. Without going into all the gory details, a family member who must have had access to his internet banking transferred £5,000 to her own personal account the day after he died. 

Maybe unfortunately, this individual had also managed to get herself in his will as one of the three listed executors. 

Best way to go about this? Is this civil or possibly criminal? 

Thanks in advance.

elsien

Funeral costs? 

There are certainly better ways of going about it, but have any you evidence that the money has been misappropriated for the persons own personal use?

Olinda99

as far as I know, apart from funeral costs, executors should not do this until they have probate

in fact the account should be frozen on day of death.

move this to deaths etc board ?

eskbanker

Olinda99 said:

in fact the account should be frozen on day of death.

Accounts will only be frozen when the bank is informed of the death, and perhaps even only after a death certificate is provided....

Hoenir

Are you an executor of the Estate? 

Brainfire

I am an executor of the estate..... it wasn't funeral costs, he only died the day before and had £12k life insurance which has also gone 'missing', no doubt to the same persons account.... It was a simple online transfer from his account, so no documentation provided or freezing of the account which was still active after this until 16th Jan.

Brainfire

Olinda99 said:

as far as I know, apart from funeral costs, executors should not do this until they have probate

in fact the account should be frozen on day of death.

move this to deaths etc board ?

I was struggling where to post it! There's a 'Deaths' board?? 

PRAISETHESUN

Brainfire said:

Olinda99 said:

as far as I know, apart from funeral costs, executors should not do this until they have probate

in fact the account should be frozen on day of death.

move this to deaths etc board ?

I was struggling where to post it! There's a 'Deaths' board?? 

https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

Might be worth reporting your OP and asking a mod to move it

Section62

Brainfire said:

So, my father passed away in December. Without going into all the gory details, a family member who must have had access to his internet banking transferred £5,000 to her own personal account the day after he died. 

Maybe unfortunately, this individual had also managed to get herself in his will as one of the three listed executors. 

Can you prove the family member had access to his internet banking and initiated the transfer after your father passed away?  Is it possible the payment was set up as a standing order or future-dated payment? Or could the payment have been made some days previously, but held by the bank for 'security' checks?  This won't necessarily be apparent from bank statements - the executors would probably need to ask the bank for further details about the transaction.

Was your father's will written by a legal professional, or was it a DIY job (with or without 'help' from the individual in question)?

Brainfire

Solicitor drafted will, and no, there wasn't any of the reasons you mentioned for the transfer. Solicitor wasn't even aware of his passing until I spoke to them end of last week. No property involved so only insurance paid plus bank funds. 

Have since found it that her iPhone was listed as a linked device on his account. 

I'll try and get this moved if I can find out how or who to contact.

Section62

Brainfire said:

Solicitor drafted will, and no, there wasn't any of the reasons you mentioned for the transfer....

With a solicitor involved you'll probably struggle to have the person removed as an executor unless it can be proved they have done something unlawful since the death.  The solicitor should have made checks your father had capacity to make the will and didn't appear to be doing so under duress - ultimately it was his right to choose who he wanted to be executors.

So the bank have confirmed someone logged into his online/mobile banking the day after his passing, and made the transfer at that point?