Legal Question

[Darwinian]

As you may know, my mother sadly passed away a couple of days ago.

However, while she was in hospital and as I don't have that much money she gave me her bank card and number and said that whatever I needed, petrol money etc. I should just take the money out of her account.

Now that she has moved on to pastures new I am still of course incurring expenses, the funeral springs to mind.

The question is.. Am I still legally entitled to withdraw money from her account as per her wishes?

After all, she has left everything to me in her will.

[leo-rcc]

In Holland you have to go to a notary to get a declaration of inheritance. With that declaration you can go to the bank and they will then transfer the contents of the bank account to your own and you can open any safety deposit boxes should there be one. Legally it is not allowed to continue using the account when the original account holder dies. Because there might be consequences afterward with other next of kin claiming their share and one sneaking off with all the money beforehand (I am not saying that is the case here but that is the reason you are not allowed legally to do this).

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btw a declaration of inheritance is not the same as a will.

[Kyuuketsuki]

In the UK no ... in principle her assets are locked until such point as they officially become yours. The reason for this is because the will is not always the last word, it can be challenged by others. If you are a dependent then it may be different but otherwise I assume you would need to get permission (not sure who from but your solicitor or estate executor should be able to advise you).

Kyu

[Darwinian]

Thanks for that. I'll leave it alone, just be on the safe side..

[Tiberius]

Yeah, I think you have to go through the whole process with the will before you can legally get any money. Otherwise the banks will get you for fraud (seeing as your mother is not able to withdraw money anymore).

[allan175]

Safest to leave it until it is legally sorted. I'm pretty sure there is small print in your contract with the bank saying you wont let anyone else use your card/know your PIN.

[infidel666]

Does she have creditors who will get first crack at the money? If not, who's gonna complain? In that case, wear a bag over your head when you use the card, and wear gloves too, as some ATMs image your fingerprints when you reach for the moolah. Of course, I am only joking and would NEVER suggest you do what you ought to have every right to do. BTW, who is executor of the estate?

[LondonLoves]

As you may know, my mother sadly passed away a couple of days ago.

However, while she was in hospital and as I don't have that much money she gave me her bank card and number and said that whatever I needed, petrol money etc. I should just take the money out of her account.

Now that she has moved on to pastures new I am still of course incurring expenses, the funeral springs to mind.

The question is.. Am I still legally entitled to withdraw money from her account as per her wishes?

After all, she has left everything to me in her will.

You're in England, i take it?

Ok, I'm a Commercial Solcitor, but trained for a time in Probate and can give you the initial advice you need -- basically an overview of the procedure and give advice with regard to your spending. As it is a private matter please IM me and I will ask the pertinent questions. Perhaps you could initially answer:

1. Is there a will?
2. Who are the executors?
3. What is the value of the estate?
4. What are the debts of the estate?
5. If there is a will, who are the beneficiaries and what have they been left?

IM me, and i shall get back to you early next week.

Kind regards,