To report this to police?

[Lennon80]

My uncle has accessed his dead brothers bank account without going through probate and is telling my father (other brother and deceased’s identical twin) he’ll split the money. I know he’s fiddled loads of things in the past long history. What do I do? Is this something you report? How? He’s been very aggressive with me when I said probate was a legal requirement and now blocked me on his phone.

Oh Lordy. He sounds like a right one. I don't know the procedure here but I assume if you alert the police then they'll let you know. I would definitely be seeking their assistance! Os their a solicitor too?

I'm sorry for your family's loss x

Have a look at this advice from a firm of solicitors.

Who is the executor of the Will? I'm not entirely sure it is a police matter if the uncle is an executor but if he isnt an executor surely it is just theft and therefore definitely a police matter. Are there any solicitors involved? I would ask them for advice as I think if you call 101 you will just get told its a civil matter.

No the deceased died intestate so lawfully he should have gone through probate I think as he previously had POA but that’s null and void upon death.

It depend what he does surely - if he is open and honest about what money there is and splits it fairly then there is no issue.

If he takes money for himself then that is a different thing.

When my Mum died we just accessed her accounts and split the money between the children - it was very little - it amounted to less than £2000 per person.

Its up to your Dad to check he is getting his fair share - and if he is then there is no issue.

Do the bank know that the account holder had died, if they do and the balance is above s certain amount they will freeze it until they see the probate paperwork.

If you know which bank you could ask them for advice. If you don't know which bank I'm sure your own bank would advise you.
Good luck

The bank should be on the list of who to tell first, they will stop all transactions in and out until the Will or probate has been given. It’s fraud if you take money out after the person has died. The person who has applied for probate should also have told the bank.
If the person is still waiting for probate anyone can call and tell the bank X died and in this date.

You dont have to go through probate if its under a certain amount. My dad died intestate with just a few thousand and we didnt have to go through probate

Are the other brothers aware of his fiddling?

I mean aware and okay with just splitting it rather than go down the probate route?

Probate is not a legal requirement. Did your uncle have a property? Was there a will?

Contact the holding bank and inform them of the death and explain the account is being accessed unlawfully. Can you get a copy of the death certificate?

The other brother fiddled my dad out of the property years ago. Brother was in a care home so it will be less than 25k.

Have recently dealt with my mum's estate. We did go through probate but her bank and building society both paid out prior to this as under £50k.

Can either you or your father contact the bank? They should have been informed of your Uncle's death but if they haven't been, they need to be.

They can then freeze the account until probate documentation is seen.

It is illegal to make payments from or withdraw from a deceased person's account without either probate or other documentation.

When my Nana died last year, she didn't have a property and bad less than about 15k. I didn't need probabte but got a letter of administration to show that I was authorised to sort out everything out.