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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Do I have to inform a bank of death of account holder as a

Resolved Question:

Do I have to inform a bank of death of account holder as a executor. I have not done so and have let the account run to pay all the bills of the estate for the last 9 months. I got probate 4 months ago but i am wondering if running the account of the deceased is fraud?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there a reason you have yet to inform the bank please?
Customer: replied 2 years ago.

No i thought it would be easer just to let the account run rather than have to inform all the utilates companys.


 

Expert:  Jo C. replied 2 years ago.
Actually it is fraud although no-one suffered loss so there would probably be no prosecution.

If the account was in joint names, then it should have been immediately converted to a single name upon the death.

If it was in a sole name and you were a signatory on the bank account, you should have immediately informed the bank who would have let you have the forms to get the balance, or told you to get probate.

The money should then have been used to pay the bills from another account, a trust account, set up solely for the purpose of dealing with the estate.

The way of dealing with the bills if probate is required, is to advise the utility companies to put their accounts on hold pending grant of probate.

They will do that and then once probate is granted, you can get all the assets in and the bank money and put it into the trust account.

The funeral directors account will be paid directly from the bank without grant of probate, on production of the death certificate and the funeral bill

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69523
Experience: Over 5 years in practice
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