UK Finance has issued an updated Estate Administration Banking Protocol that sets out how probate practitioners should deal with regulated financial services when acting for bereaved families. The protocol, which applies to estate administration in England and Wales, is designed to give clear, practical guidance to firms and personal representatives as they contact banks and other institutions to identify assets, settle liabilities, and close or transfer accounts. The Law Society of England and Wales has welcomed the revised document, describing it as “greatly improved”. The update arrives amid continued focus on timely estate settlement and consistent standards in how practitioners communicate with financial institutions during probate and intestacy work.
The protocol addresses the procedural interactions that occur once a death has been registered and an estate needs to be valued and administered. It aims to standardise expectations between legal representatives and financial firms so that parties understand what information they need to provide and what steps institutions will take before releasing data or funds. While not legislation, the guidance sits alongside established legal duties in estate administration and confirms the approach the banking sector expects when it deals with practitioners.
Updated Estate Administration Banking Protocol from UK Finance
UK Finance, the trade association for the UK’s banking and finance industry, has updated its Estate Administration Banking Protocol to set out sector-wide expectations when practitioners approach firms on behalf of estates. The document addresses common points of contact between probate professionals and regulated firms, including requests for account information, notifications of death, and applications to release or transfer funds once authority has been proved.
The protocol forms part of industry efforts to provide a consistent framework so that firms apply the same procedural steps and practitioners know what documentation and authority financial institutions will usually require. It provides guidance only; it does not change statutory duties or the legal requirement to obtain a grant of representation where needed. The protocol is presented as a reference point for both sides during estate administration.
Scope: England and Wales and the probate context
The revised protocol applies to estate administration in England and Wales. Probate law and court processes in these jurisdictions set out how personal representatives obtain authority to deal with a deceased person’s estate, either through a grant of probate (where there is a valid will) or letters of administration (where there is no will). Financial institutions then rely on that authority to respond to requests for information and to release assets in line with the law and their regulatory duties.
By setting expectations for evidence and timelines, the protocol seeks to reduce uncertainty when practitioners contact institutions to value estates, pay debts, and distribute assets to beneficiaries. It also addresses interactions where a grant may not be required, which can occur for lower-value accounts or joint holdings, depending on a firm’s policies and the legal position.
Guidance on engaging with regulated financial services
The protocol guides practitioners on the information financial firms generally need before they will discuss or disclose account details. That often includes proof of death and proof of authority, such as a court grant or other accepted documentation. Regulated firms also operate under duties to verify identity, prevent fraud, and comply with data protection and anti-money laundering rules. The protocol sets out how those requirements intersect with estate administration.
In practical terms, the document aims to streamline routine steps such as stopping account activity after notification of death, arranging payment of funeral expenses from the deceased’s funds where policies allow, and providing balances for inheritance tax calculations. It also addresses how firms handle requests to close accounts or transfer funds once representatives have proved authority.
Law Society response and practitioner context
The Law Society of England and Wales said the updated guidance is “greatly improved”. In welcoming the protocol, the professional body signalled broad support for measures that clarify how firms and practitioners should communicate and what documents they should exchange during probate. The Society represents solicitors in England and Wales and often engages with industry bodies on procedural standards that affect legal work.
Professional groups have long sought consistent contact points and response standards from financial institutions during estate administration. Clear protocols can reduce repeated requests, help establish predictable document lists, and limit delays that come from mismatched expectations. The Law Society’s endorsement indicates that the revised protocol aligns with those aims while leaving core legal duties unchanged.
How the protocol fits within probate procedures
Probate practitioners act for personal representatives—executors named in a will or administrators appointed under intestacy rules. Their tasks include identifying and valuing assets and liabilities, safeguarding estate property, paying debts and taxes, and distributing the remainder to beneficiaries. Financial institutions play a central role because they hold deposits, investments, loans, and other products in the deceased’s name. The protocol addresses the points where those duties meet regulatory and operational requirements within the banking sector.
The document also reflects standard legal processes. Firms will usually require a sealed court grant before they release assets above internal thresholds, and they will seek assurances on identity and authority. Where the law or firm policy allows funds to be released without a grant—such as for small balances—firms will still need evidence of death and the claimant’s entitlement. The protocol outlines those expectations to reduce ambiguity.
Clarity on documents, authority, and information-sharing
The protocol sets out the types of documents firms typically accept and the sequence in which practitioners should provide them. Although the details remain at each firm’s discretion, the guidance indicates that institutions look for consistent proof and will respond in line with their regulatory duties. Clear documentation supports timely information-sharing, which practitioners need for inheritance tax returns and court applications.
It also recognises that firms must protect confidential information and prevent unauthorised disclosure. By explaining which documents demonstrate authority and how firms process requests, the protocol aims to reduce repeated queries. That can help practitioners complete valuations, make required filings, and move to the distribution stage once liabilities and taxes have been settled.
Industry guidance, not a change in the law
The Estate Administration Banking Protocol does not alter statutory requirements for grants of representation or the duties of personal representatives under the Administration of Estates Act and related rules. It serves as industry guidance that aligns banking practice with established legal processes. Practitioners remain responsible for meeting court rules, tax obligations, and fiduciary duties owed to beneficiaries and creditors.
For financial institutions, the protocol supports consistent handling of estate cases within the existing regulatory framework. Firms must continue to comply with obligations under financial services regulation, anti-money laundering legislation, and data protection law when they respond to probate requests. The protocol explains how those duties work in an estate context.
Practitioner and consumer-facing implications
While the protocol addresses practitioner–institution interactions, it has a direct effect on bereaved families’ experience because it governs how representatives obtain information and release funds. Clear steps can support predictable timelines for paying funeral costs, meeting ongoing commitments such as mortgages or utility bills from estate funds, and progressing to final distribution.
The Law Society’s positive response sits alongside a broader focus on reducing administrative burdens during bereavement. Clear, accessible guidance can assist both specialist probate teams and general practice firms that handle occasional estate matters, supporting consistent contact with banks and other financial providers without altering the underlying legal framework.
What this means
- The updated protocol sets out sector guidance for how probate practitioners should engage with banks and other regulated financial services during estate administration in England and Wales.
- It clarifies expected documents and authority, supports consistent communication, and explains how firms’ regulatory duties apply when releasing information or funds.
- It does not change the law or court processes. Practitioners still need grants of representation where required and must meet existing legal and tax duties.
- The Law Society has welcomed the update as “greatly improved”, indicating professional support for clearer, standardised guidance.
When and where
Published by Today’s Wills and Probate on 10 February 2026. The protocol applies to estate administration in England and Wales. Source: https://todayswillsandprobate.co.uk/law-society-welcomes-greatly-improved-uk-finance-probate-protocol/
