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frozen bank account upon death

frozen bank account upon death

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Old Oct 15th 2014, 2:45 pm
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Default frozen bank account upon death

As I understand it, when I die and my bank is made aware of this, the account is frozen. Is this correct? If so, how does it subsequently become unfrozen in order that bills continue to be paid? Also, in the case of a joint account with my wife, is the total account still frozen or will she continue to have ready access to the funds?
If the above is totally confused summary of the situation, what are the facts please?
Thanks.
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Old Oct 15th 2014, 2:50 pm
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Default Re: frozen bank account upon death

My late husbands bank account remains frozen, 5 years on EXCEPT for the fact they are still paying out from it for the household bills on the house. I cannot nor can my Spanish abogado find out the current balance. It appears that Spanish Probate must be done before that happens or the bills stop being paid.
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Old Oct 15th 2014, 2:57 pm
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Default Re: frozen bank account upon death

Originally Posted by The Capitans Wench
My late husbands bank account remains frozen, 5 years on EXCEPT for the fact they are still paying out from it for the household bills on the house. I cannot nor can my Spanish abogado find out the current balance. It appears that Spanish Probate must be done before that happens or the bills stop being paid.
Five years!! How long does Spanish probate take for goodness sake? Without wishing to be personal, was there a will and if not is this the reason?
Thanks for your response, much appreciated.
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Old Oct 15th 2014, 3:23 pm
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Default Re: frozen bank account upon death

Prior to my husbands death I had opened a separate account so that I would not face any of this sort of difficulty on his death. I was told by my bank manager that normally the account is frozen until the persons will has been seen and dealt with by the bank however he did not freeze our joint account as he felt that this was not prudent at a difficult time. However, he still needed a certificate from the solicitor stating that my husbands will was the only will and that there was nothing to stop me inheriting. This entailed the solicitor sending to Madrid who confirmed that this was the only will registered. Not all bank managers are so thoughtful so people need to be very careful about how they arrange their finances.

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Old Oct 15th 2014, 3:27 pm
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Default Re: frozen bank account upon death

Thanks for that Rosemary. Very interesting.
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Old Oct 15th 2014, 6:36 pm
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Default Re: frozen bank account upon death

Hola

I seem to recollect a recent (ish) thread that said they´ve changed the rules and only freeze half the money?

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Old Oct 22nd 2014, 12:23 pm
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Default Re: frozen bank account upon death

yes they only freeze half the money a good friend just died 2 weeks ago just talking to his wife on tuesday ,her solictor told her to open another account and take money out bit by bit before you tell them
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Old Oct 22nd 2014, 12:42 pm
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Default Re: frozen bank account upon death

Originally Posted by shazzabob
yes they only freeze half the money a good friend just died 2 weeks ago just talking to his wife on tuesday ,her solictor told her to open another account and take money out bit by bit before you tell them
So if they didn't freeze her half of the account, why did she have to open another account?
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Old Oct 22nd 2014, 1:06 pm
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Default Re: frozen bank account upon death

This is one of the reasons why so many Spanish have separate bank accounts.

Something to think about.
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Old Oct 22nd 2014, 1:15 pm
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Default Re: frozen bank account upon death

You need to have separate accounts if you are a couple and internet banking with each having the others PIN nos and online banking details.

So when one or other of the couple dies the remaining one just shifts the money over immediately or transfer to UK or wherever.

One could even close the account online or leave a few hundred in there if they want and never tell the manager anything. Deal with the money first.
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Old Oct 22nd 2014, 1:22 pm
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Default Re: frozen bank account upon death

Originally Posted by whitelinen
You need to have separate accounts if you are a couple and internet banking with each having the others PIN nos and online banking details.

So when one or other of the couple dies the remaining one just shifts the money over immediately or transfer to UK or wherever.

One could even close the account online or leave a few hundred in there if they want and never tell the manager anything. Deal with the money first.
Many don't want or don't have Internet banking.
Isn't it time there was a fairer system when a spouse dies, allowing utilities payments etc.
Not all bank managers are as sympathetic as Rosemary's!
At a dreadful time in one's life, the bereaved shouldn't have to worry about this.
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Old Oct 22nd 2014, 3:28 pm
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Default Re: frozen bank account upon death

I do not do internet banking but when Graham died I went to the cash point a few times and drew out money from the joint account to tide me over and also went to the desk and transferred most of the rest into my separate account. The funeral had already been paid for out of my account. I was told by a solicitor and many others not to tell the bank until I had to.

When I saw the bank manager he said that he realised what I had been doing but that there was no need at all as he would not be freezing the account. He gave me his condolences and then nodded to the man at the desk and he came to give me his and apologised for not saying anything when I paid for the funeral but he did not know at that point what the manager would do and he did not want to cause a problem for me.

I was very lucky but not everyone is and of course it will depend on the banks rules as to how much leeway each manager has.

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Old Oct 22nd 2014, 9:31 pm
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Default Re: frozen bank account upon death

A few grand in the notes under the mattress or in the safe is a good alternative, but I agree, most banks will be helpful, but best not to tell them until you have sorted out your immediate needs.

This is where having Internet banking facilities allows you to transfer money between accounts without any problems.

That said, strictly speaking it is illegal to do any of this before the IHT issues are sorted out, but the authorities in Spain are pretty pragmatic about this - especially if you don't tell them!
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Old Oct 23rd 2014, 6:29 am
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Default Re: frozen bank account upon death

It also depends on where you live. For example I live in a small town and my bank is there so it was inevitable that the manager would find out quickly which is why Graham insisted on me opening a separate account.

If you live in a larger place it would be very different because you can be almost invisible. As usual it also possibly depends on which region.

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