is it legal for someone to withdraw cash from a deceased persons account using debit card from cash point knowing they are not beneficiary in will but have card and pin number
1. No, it is not legal for a person to withdraw money from a deceased person's bank account. This is theft and the monies are recoverable from the person who took them by the executor of the deceased's will or whoever is appointed administrator to the estate. The fact someone may have the bank card and the pin number of the deceased person's card does not give them authority to take money when they are dead. From the moment of death the money vests by statutory trust in the beneficiaries of the deceased's estate and any taking of money from the deceased's bank account is both theft from those people and a fraud on the deceased's estate. A criminal charge can be levied against the person who took the monies if the police are notified of it.
Please ACCEPT the Answer. I will remain available to answer any further queries you may have.
thank you, i now have to deal with my late fathers companion who withdrew 2400euros (300per day) whilst he was in hospital and withdrew 2700 by cash machine and 2000 by transfer after his death. I, his son and next of kin was sole benefciary of his estate in spain, he had no property but gifted her (his companion) the debt to him of 52000 pounds. I know their could be some creditors to be paid from from his estate but feel this is for the executor (his lawyer, also hers ) or myself to administer. Her answer to me is "he told me to take it" I do not believe her.
2. What is questionable is the money withdrawn after your father's death. This money should be returned by your father's late companion to the your father's estate. Once your father dies, it is his will which governs. Whilst his companion might have a debt claim on the estate, she must show this to be the case.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).