Lootman wrote:AF62 wrote:Lootman wrote: If you gave me your passwords with the express intent of me using them in such a situation, and I then do so with honest intent, then that is not illegal. It may technically breach a bank's T&Cs. It may in some cases cause an issue down the road if I am subsequently careless. But it is not a crime.
But you know you should tell the bank their account holder is dead. You know you should obtain probate. You know that the bank wouldn’t hand you the money unless you pretended to be the dead person.
Honesty and good faith - don’t think the bank would agree.
1) I will inform the bank of the death. The timing of that is an executor decision.
2) I am not impersonating anyone. I am acting as the executor using the powers vested in me by the will.
3) Often an estate can be administered without probate, so I do not "know" that I "should obtain probate".
4) The bank is free to agree or not agree. I can demonstrate the probity and legality of my actions.
1. You know the account holder is dead but you fail to inform the bank before emptying the deceased’s accounts into your own.
2. You know the login details are not yours but the deceased’s so to the bank you are deliberately appearing as the deceased.
3. If the bank won’t release the money on a death certificate and copy of the will unless you obtain probate, which they will for fairly sizeable amounts and up to £50k isn’t uncommon, then you are doing this to avoid probate to get the money released.
4. The bank is not “free to agree or not agree” as you haven’t told them the truth because you know they would refuse.
Lootman wrote:Obviously you would not be comfortable doing this. I am, in some circumstances.
And that’s fine.
Your concept of acting honestly and in good faith is obviously different to mine.