If I dropped dead tomorrow, could DH access my bank accounts?

[FlamingoAndJohn]

We haven’t made wills, and I know we should.
I have more in savings than DH as I had a small inheritance a few years ago.

It occurred to me today that if I were to drop dead DH might need that money but as it’s in my name alone I don’t know if he would be allowed to access it.

Anyone know?

Are you with a union? Mine was free with them and a mirrored one was circa £30

Not until your estate is in probate. Attempting to access those funds before probate (even if you have no creditors and he is the sole beneficiary of your estate) is illegal.

My dh is on my bank account but no bank card (not needed as bill paying account) that might be a quick option if it helps. Will is still a good idea, also power of attorney for you both.

Which are doing half price Wills at the moment, link on mse website. We didn't use them but my mum did and it was an excellent service. You had a helpline, then you sent it back and it was checked. Dearer than the diy will kits but cheaper than an appointment with a solicitor.

Oh make sure any pensions have up to date beneficiary information, particularly if he has been married before.

simple solution (as well as that essential will, and guardianship arrangements for any kids) is to set up a joint account and pay all regular bills from that.

if the worst happens, the last thing the survivor wants to be dealing with is paying the gas bill.

Are all your utility bills in joint names? That was a problem for my mum, in that we had to call all of them to transfer everything to her name.

@mumblechum01 (I think that's her name) owns Marlow Wills - she wrote my will (and several other mumsnetters' wills, too) and did a great job for a very, very reasonable cost. We spoke on the phone, she sent a draft will and then she sent me a will to have witnessed by friends.

No and it can cause HUGE problems even if you don't die.

One of DH's colleagues was involved in a serious accident overseas and suffered a serious head injury. That was 2 years ago and he's still in a persistent vegetative state. His wife has had a total nightmare - couldn't access money because he would pay his salary into an account in his name then shuffle money about. Employer couldn't discuss it with her because of legalities. Couldn't access his pension information. Couldn't even cancel the sodding Sky TV because it was in his name.

Another friend's husband died very suddlenly of sepsis leaving her with two young children. She was a SAHM, he earned a high salary. But even with a will, it took weeks to sort out and on top of the stress of dealing with two small children and planning a funeral, she had to worry about how the mortgage was getting paid.

We've now set up powers of attorney for each other to avoid the first situation and put as much as possible in joint names to mitigate against the second.

www.bequeathed.org/ - just do a will, it doesn't matter if you don't have other family. It's free.

It needn't be expensive to have simple mirror wills drawn up.

If you have a will you then need to get probate assuming there is property / more than a few thousand pounds involved. Very easy to do yourself, I have done several including my mother's. It took me 5 weeks. Prepare for it to take months if you get solicitors involved.
It depends how much money is involved but some banks will release up to £50k without probate / letters.

Someone upthread mentioned about transferring sole saving accounts to joint accounts when they were older to help with access if one of them dies.
Just saying that not everyone dies old - you don't know what is around every corner!!
So best to sort out financials whilst you can.

Even with a will he won't be able to access the funds immediately.

He can immediately access any account in joint names.

Otherwise there is a time delay.

My df died intestate and it took my dm 4 months to get access to the primary account and nearly a year to access pension/shares etc.

Make a will! You can download a pack, or simply use a free template if simple. They mirror each other, leaving everything to the other, but you need to decide what happens if you die at the same time.

A week after my mother recently died I walked into her bank with just her death certificate to notify them of her death and to put a stop on her account (ie: her account was to stop all outgoing payments but remain in place until after probate). It came as a huge shock the next time I accessed my account to find that a little over £70,000 cash had been transferred into my account.

The problem is each bank has different rules. I was asked for proof of id, I handed over my passport. Nothing was asked if I was related or I was an executor or administrator. It was simply because I had her death certificate. I was told by the Registrar that I could walk into the bank and do this but hadn’t realised it would be so bloody easy. So, be warned! make sure you’re the one to notify the Registrar of the death (so your name is on the death certificate) and you’re the one who informs the bank.

Remember, each bank has their own set of rules, go to their website and familiarise yourself with their rules.

OP, if you are looking for a free will writing service, cancer research UK offer one. They do say that most people who use the service leave a gift in their will, if that is something you will consider.

This is the Will and Testament of me FlamingoAndJohn of 123 Any Grove, Anytown, PC1 34X

I REVOKE all former Wills and testamentary dispositions.
I APPOINT my husband xxx to be executor of this Will.
I GIVE all of my estate both real and personal whatsoever SUBJECT to the payment of my debts and funeral and testamentary expenses to my husband xxx.

IN WITNESS whereof I have set my hand to this day of

Signed by the testator
In our joint presence

Then by us in hers:-

First Witness
Signed
Name
Address
Occupation

Second Witness
Signed
Name
Address
Occupation

DH and I have been married for 40+ years. We have always had our own separate bank accounts and had each paid various bills we had worked it out between us.
However a few years back it occured to me that if anything happened to DH or myself we would need ready cash to pay tax owed funeral expenses etc. We have both put our current accounts into joint names but still operate them as sole accounts ie we only have one cash card per account, so neither of us could easily access each others funds. We bank at different banks and both banks are aware.
This was something we arranged a few years before we made wills.

Definitely make a will asap. My DH inherited PILs estate but with no wills it took almost 2 years and thousands of pounds to finalise. DH had to apply to court to become the administrator. Also, we learned that even if a bank account is in joint names, while you may have access to the money in the account, legally you are only entitled to any money you put into that account and are not automatically entitled to the money the other named person put in; that becomes part of their estate. We're in Scotland.

If there is enough money in the account the funeral directors can apply directly to the bank to be paid. This covers the basic funeral and not extras like wake. You don't need to be named on the account. Funeral costs are always the first deduction in any estate. A will takes time to be verified.

My friend’s husband died suddenly when she was thirty six and had three children. His bank account was frozen and she was left with nothing during that traumatic time. She even had to borrow money to buy clothes for the children to wear to his funeral.
Thank heavens she received a widowed parent’s allowance for many years. This has now been stopped and widowed parents of babies and toddlers are expected to go out to work soon after their spouse’s death.

There is still a payment to widow/ers but it stops after 18 months now.

Lots of married couples who operate separate accounts use joint accounts to do it but agree which person is using each account and that the other partner won’t access funds except if the other dies. Risky if the other party decides to break the agreement.

It’s a good idea to have life insurance written in ‘Trust’ , it then doesn’t form part of the estate and doesn’t require probate, so it gets paid directly to next of kin.

I think the real problem is whether the widow or surviving partner has enough money for day to day expenses until probate is granted (assuming s/he is the beneficiary). That is what should be planned for.