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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 57
Experience:  Qualified Solicitor
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In Scotland, is it legal to withdraw money from a deceased

Customer Question

In Scotland, is it legal to withdraw money from a deceased parent's bank account using an atm card and pin. If someone did make such a withdrawal within 5 days after the death of the parent without informing the bank but later informed the bank about the person's death, what criminal punishment would it draw?
Submitted: 10 days ago.
Category: Scots Law
Customer: replied 10 days ago.
I’ve discovered some banking irregularities that have happened immediately after my mother's death in 2012, multiple withdrawals of cash from one of her accounts. The evidence has come to light after discovering British Gas have submitted a letter to request court action (to gain entry to the unsold property) is now being taken against the estate for an unpaid bill dating back to 2013. The correspondence relating to all this communication has been done solely by the oldest son (a joint executor). Until recently we have all been unaware of the unpaid bill which has been festering for several years. The oldest son continues to refuse to involve a solicitor in estate matters and now the result of his own actions have caused a bill liability to the estate of £400 due in 2013, now due £997.49 today. It’s important to note that Confirmation on the estate has not been granted and under the banks bereavement policy, none of the executor criteria was met at the time of cash withdrawals from my deceased mother. In fact, he announced she died intestate, so no-one had been appointed an executor. Is this grounds for having him removed as executor for mis-management & removal of funds without consent or is this a police matter?
Expert:  Virtual-mod replied 10 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 6 days ago.
You may cancel this question, thank you.