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Accessing funds in joint bank account post death pre probate

29 replies

OMGitsnotgood · 28/06/2023 10:17

Would appreciate responses from those who know eg you work for a bank/solicitors/have direct experience.

if an adult child has joint account with a parent (parent's account but full joint access set up for ease of management while they are alive and i thought access after death, as LPoA only valid while they are alive).... I appreciate bank will need to be informed but can the child still access the funds to pay for expenses such as funeral, solicitors etc? Or will the bank freeze the account until after probate? I know if a couple have a joint account and one dies, you take the death certificate to the bank and the. the remaining partner can carry on using the account. I'd assumed it would be the same if the account was joint with a child, i can't see the difference, but a couple of people have told me that isn't the case as there are two other siblings who aren't joint account holders but will inherit. These people don't have any professional knowledge or direct experience, it's just what they think would be the case - which is why I'd like people who actually know to respond please.
Not an immediate issue but I want things sorted for when it does become an issue and there's so much else to deal with. Thank you

OP posts:
Ihateslugs · 29/06/2023 00:09

OMGitsnotgood · 28/06/2023 14:26

Thank you, my siblings can trust me. That now begs another question: if that money legally passes to me automatically, is it considered outside of the estate for inheritance tax purposes?

In our case, the money was in an insurance type bond so was not part of the estate for inheritance purposes. Even though we have the family house to sell, there is no IT to pay as Mum also had my dads allowance so was under the £1 million limit for married couples.

Knotaknitter · 29/06/2023 17:45

I had a joint account with my mother for ease of paying for things for her. We had that for years before I started as attorney. It transfers automatically to the second named, no freezing or waiting for probate. That couple of people can be ignored as they are making stuff up.

Bustabludvessel5572 · 25/04/2024 04:28

Hi I need some advise please my ex wife was poa for her late father.he has been dead nearly 2 years now.she had opened a joint bank account he had dementia and stayed with us for the remainder of his life which was about 9 months.
she sold his house gor him all of his money was put in this joint account only his money no money of hers was ever put in she has her own accounts.and when he died she had his money within days she never told her 2 siblings of her fathers passing I have recently managed to find them and inform them of there fathers death. He had just over half a million pounds in assets when everything was added up. But she started spending his money even though it was all his and had only had the account open for 9 months he was with us without informing probate or inheritance tax or her siblings is this legal or will the government look into this as it’s been 2 years nearly I’m not sure what to do and have informed her Brother and sister any help please thanks

prh47bridge · 25/04/2024 08:15

@Bustabludvessel5572 - You would have been better starting your own thread rather than reviving an old one. You may now get posters who miss your question and answer the original post.

If your father agreed to his house being sold and the money going into a joint account with your ex-wife, that money automatically became hers when he died along with anything else she owned jointly with him. It did not become part of his estate, so no inheritance tax was due on that money, nor was probate needed. It may be that morally she should have shared the money with her siblings, but the law does not require her to do so.

If, after his death, she has taken other assets that were not in joint names, that may be a problem. However, this is not something the government would investigate and, as you don't appear to have any evidence of criminal behaviour, the police would treat it as a civil matter at this stage and refuse to get involved.

You have informed your ex-wife's brother and sister. There is nothing further you can do. It is now up to them whether they take this further.

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