NSW Fraud Activity on Dead Father's Bank Account?

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sbarpom

Member
16 September 2017
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Guys,

My father died three days ago, I have just arrived home. I am an executor of will and deceased estate along with my stepmother.

My father had always had his own account and kept his login details to himself. I have been informed of the following and need advise asap:

* Dad's banking provider has not been informed of his death.

* The day after my fathers death my step mother found the login details of the account for online banking access.

* She has change the log in details so she can access.

* She is transferring $5000/day into her personal account.

There has been $15K taken out of my father's account and I need to know if this legal or illegal? What do I do?

Help is much appreciated.
 

Rod

Lawyer
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27 May 2014
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You can go to the bank to

1. freeze the account
2. get the login details changed.

Take a copy of the death notice and Will with you.

A friendly word to the step-mother is needed informing her she becomes personally liable for abusing her position as joint executor.

Keep in mind the money transferred can also be 'allocated' to her portion of the estate, and that she may need expenses paid in the interim.
 
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Tim W

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28 April 2014
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Just to be clear on a couple of things....
  1. You are not at law the Executor until there is a Grant of Probate.
    Get to it immediately.
  2. At law, money that is if it wasn't a joint account, then she's probably stealing it.
  3. If the police are reluctant to act, then, in addition to the suggestions above,
    consider an injunction on the bank, and on her, and maybe even a Freezing Order on the account.
    Yes, these are big sticks, but it is often necessary to stomp down hard and early
 

Arche

Well-Known Member
20 March 2015
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Sorry to hear about your father's death. Speaking from experience, if the account is only in your father's name, as soon as they are informed of his death they will freeze the account, although they may allow access for payment of funeral costs. First thing tomorrow notify them.

None of this is legal advice but I would be inclined to put it on your stepmother to pay the funeral costs.

How do you know any of this anyway?
 

sbarpom

Member
16 September 2017
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Thanks guys for your help. I was made aware of the actions my step mother had taken by my sister as she was there when it happened. She wrote down the new bank login details and gave them to me.

I have discussed this issue with my step mother explaining it is a legal problem.

She was advised by a lawyer to withdraw money from the account until it was frozen. I have advised her that there a potential legal issues regarding what has taken place and it need to stop.

We are going to the bank together tomorrow to notify the bank of my fathers death.

Again thanks.
 

Tim W

Lawyer
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28 April 2014
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Thanks guys for your advice. I was made aware of the actions my step mother had taken by my sister as she was there when it happened. She wrote down the new bank login details and gave them to me.

I have discussed this issue with my step mother explaining it is a legal problem.

She was advised by a lawyer to withdraw money from the account until it was frozen. I have advised her that there a potential legal issues regarding what has taken place and it need to stop.

We are going to the bank together tomorrow to notify the bank of my fathers death.

Again thanks.
And make sure she puts the money back.
Given that it's not a joint account, it's not hers to take.
At present, in strict literal terms, until you get Probate,
it belongs to the NSW Trustee and Guardian.