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Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 10500
Experience:  LLB (HONS) Over 23 years legal experience specialising in Property law and Wills/Estates
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My Mother has just passed away. Her death will be registered

Customer Question

My Mother has just passed away. Her death will be registered on Friday. I have a POA over her financial affairs including her bank account on which I have a credit card in my name as TPA. Are there any restrictions on me making payments from her bank account now that she is deceased?
Submitted: 2 years ago.
Category: UK Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using JustAnswer.
My name is ***** ***** am happy to assist you with your enquiry.
I am afraid that all Bank accounts should be frozen from the date of death, and no further withdrawals should be made.
Likewise, your powers under the POA ceases on your Mother's death, so you would be acting unlawfully if you were to make any payments from her account. The power to deal with the Bank account now rests with your Mother's Executor (if she made her Will) or her Administrator if she did not make a Will (in such circumstances, any of her next of kin can apply to the Probate Registry to become Administrator). Until Probate has been obtained (if there was a Will) or an Administrator has been appointed, the Bank account will have to remain frozen and no dealings with it are possible.
I hope this assists you and sets out the legal position.
Kind Regards