Banking and death

[Neveralonewithaclone]

I've probably (definitely) broken the law and need some advice please. My mum died in December, I'm her sole beneficiary and also the executrix. She doesn't own property and everything is in her bank account, there's just above £70k. It's a joint account with my deceased father who died about 5 years ago. Dad was the main account holder and mum joint. Mum never updated the account because it made no difference to her and she didn't feel like having Dad erased for sentimental reasons more than anything. She informed pension people of his death and didn't receive anything she shouldn't have after his death. Anyway, fast forward and mum died. I have access to her account as i have her cards (and Dad's) and know all the online banking details. I'm still sorting various bills and expenses. I've been impersonating Dad online for online banking but now online banking is frozen and i can't access it. The account itself isn't frozen because I know some direct debits on her (rented) place are still going out. I don't know what to do, I haven't stolen anything because it all belongs to me outright. But i have impersonated both mum and dad. I'd rather not do probate because I think it's an uncomplicated estate, I also have a couple of small insurance policies to collect.

[Neveralonewithaclone]

If it helps mum was sharp as a tack right to the end and updated her very simple will very recently.

[Bramshott]

I'm not sure that you've broken the law (IANAL) but you'll have to do things a different way going forward as the accounts have now been frozen since your DM's death which is probably quite standard. Sorry for your loss. Can you contact the bank now to ask how to access the funds as executor to continue paying the outstanding bills?

[FiveShelties]

Probate is a very easy thing to do and I would do that rather than risk having the account frozen and the funds remaining in the account,

I got Probate for my Mum and Dad and it just makes everything easy and straightforward. I don't think the banks will now release funds without Probate now that they have placed a stop.

[Neveralonewithaclone]

Thank you both, will i be prosecuted for the impersonation do you think? Since it's now four months since mum's death and there's clearly been activity.

[Fizzadora]

Just send the death certificates for both of them to the bank along with a copy of the will. They will tell you if you need to apply for probate to access the account. It's not your decision. Some banks have relatively low limits (eg £10k) and others it's £50k or possibly more.
They could query the activity on the account if it's clear it's manual transactions and not automatic ones but in reality it's probably far too small for anyone to even notice.
You say you have been impersonating your Dad online but it was a joint account so who's to say it wasn't your late mother who arranged those transactions as she was perfectly entitled to do.
If any activity since your DM died is queried then as long as it was genuine transactions such as bills and you haven't siphoned anything off that you are not entitled to, I would just feign ignorance.

[Neveralonewithaclone]

I have siphoned off small amounts but my rationale was well it's now mine anyway. Thank you all for your advice, I was just scared about being prosecuted. I've now checked limits for banks and she's over the limit for her bank for dealing with it without probate. I've applied online with hmrc for probate and will now post in the will. It's a huge relief to have applied for probate, i suppose it's not in the public interest to prosecute me as there are no other beneficiaries.

Thank you for your replies.