Recently, #Wife's withdrawal of 60,000 yuan of her deceased husband's deposit was rejected by the bank#On Weibo's hot search list, triggering 220 million reads and 3,036 comments.
What is the truth of this matter? On the morning of March 10, upstream reporters conducted an investigation, and a bank insider analyzed the reasons for the rejection of the withdrawal. Subsequently, she interviewed Lawyer Liu Huan, a member of the Criminal and Civil Cross Committee of the Chongqing Lawyers Association and a partner of Chongqing Hanmo Law Firm, and she explained the relevant situation.
Banks with withdrawals of more than 50,000 need to see notarial deeds
On the morning of March 10, upstream journalists searched for the case that triggered a hot search through the China Judgment Documents Network, which occurred in Xihua County, Zhoukou City, Henan Province. The plaintiff, Liu, sued the Dongxia Town Business Office of Xihua County, Postal Savings Bank of China Co., Ltd., because after Liu's husband Li died of illness on May 23, 2021, Liu went to the Dongxia Town Business Office to request the withdrawal of the 60,000 yuan deposit saved by Li before his death, and the Dongxia Town Business Office refused to pay.
Why did the bank refuse to pay Li's deposit? There was no clear explanation in the judgment, and the reporter asked a bank insider about the matter, she said: "Li should have left no will when he died, which led to Liu wanting to inherit Li's estate can only pass the legal inheritance." According to the regulations of the People's Bank of China, after the death of a depositor, the legal heirs should apply for a certificate of inheritance in order to prove their identity, and the savings institution shall handle the transfer or payment procedures on the basis of this. ”
However, at present, the procedures for the public to go to the notary office to apply for the inheritance certificate are more complicated, so on January 28, 2021, the General Office of the China Banking and Insurance Regulatory Commission and the General Office of the Chinese Minren Bank jointly issued the New Provisions on Simplifying the Matters Related to the Withdrawal of Small Deposits of Deceased Depositors (Issued by the Banking and Insurance Regulatory Office [2021] No. 18). According to the new regulations, if the total account balance of the deceased depositor in the same legal person banking financial institution does not exceed 10,000 yuan (up to a maximum of 50,000 yuan), the spouse, children and parents of the deceased depositor only need to provide the following materials to handle the withdrawal of the deceased depositor's small deposits, (1) death certificates and other materials that can prove the death of the deceased depositor; (2) resident account books, marriage certificates, birth certificates and other materials that can prove the family relationship." ;(3) Extract the applicant's valid identity documents; (4) Extract the applicant's handwritten letter of commitment. However, Li's deposit exceeded 50,000 yuan, so the bank's requirement to provide a notarial certificate was in line with the regulations. ”
The Chongqing woman also filed a lawsuit to take the deposits of her deceased father
Source: Screenshot of China Judgment Documents Network
There have been similar cases in Chongqing
Liu did not go to the notary office to handle the inheritance right certificate, was refused by the bank to withdraw money after choosing to file a lawsuit, and finally won the case to get back the deceased husband's 60,000 yuan of deposits and interest, does this mean that similar situations can be solved without going through the notary office, directly going to the court to sue?
Lawyer Liu Huan believes that this is indeed the case and analyzes the reasons: "The reason why the bank asked Liu to provide a notarial certificate in this case is to confirm that the person who asked to withdraw the deposit has the right to inherit the bank deposit. According to the law, as long as Liu can provide materials to prove that he is the only legitimate first-in-line heir of Li, he has the right to inherit bank deposits. As a result, Li happened to have no children, his parents also died, and Liu was Li's legal spouse, who was indeed the first heir. Liu's request for withdrawal of deposits through court litigation is fully in line with the relevant provisions of the Civil Code, so after the court determined that Liu was the only legal heir of Li, Liu could also get back the deposit of his deceased husband without a notarial certificate. ”
In fact, similar situations have occurred many times in Chongqing. Lawyer Liu Huan told reporters: "This kind of case encountered by Liu Mou has also occurred many times in Chongqing, and the heir has withdrawn the bank deposit of the heir through the court judgment. For example, in May 2021, He Mou, a resident of Jiangjin District, died of illness (his spouse also died), and his only daughter, Ms. He, went to the Jiangjin Branch of Chongqing Rural Commercial Bank to request the withdrawal of the 20,000 yuan deposit and interest saved by her father before his death, and finally Ms. He retrieved the deposit and interest through litigation. ”
Similar cases continue to occur, and lawyer Liu Huan believes that banks should continue to revise relevant regulations: "For ordinary citizens, the 'time cost' of litigation is too high, and the 'time cost' of notarization is not low." Banks require large-scale cash withdrawals to issue notarial deeds in order to avoid their own risks, but banks can, under the premise of taking into account risk prevention and efficiency and fairness, refer to judicial trial standards, examine the identity of the heirs of cashiers on their own, and try to avoid unnecessary procedures in order to better serve the people. ”
What should I do if a loved one dies without a will?
Liu's case of taking back her deceased husband's deposits through court litigation has exposed a question: if there is no will left when a loved one dies, how to dispose of the inheritance when there is a legal inheritance? Lawyer Liu Huan said that this is indeed a more difficult issue: "When legal inheritance, first of all, to determine the scope of heirs, according to the Provisions of the Civil Code, spouses, children, parents are the first order of heirs, brothers and sisters, grandparents, maternal grandparents are the second order of heirs." Widowed daughters-in-law to in-laws, widowed sons-in-law to in-laws, who have fulfilled the main duty of support, can also be the first order of heirs. It should also be noted that those who rely on the heirs other than the heirs, or those who support the heirs more than the heirs, can be given appropriate inheritance. ”
After the scope of the heirs is determined, lawyer Liu Huan said that the second step will be carried out: "The second step is to determine the administrator of the estate, the Civil Code stipulates: after the inheritance begins, the executor of the will is the administrator of the estate; if there is no executor, the heirs shall promptly elect the administrator of the estate; if the heirs are not elected, the heirs shall jointly serve as the administrator of the estate; if there is no heir or the heirs give up the inheritance, the civil affairs department or the villagers' committee of the place of residence before the deceased's life shall serve as the administrator of the estate." The administrator of the estate will be responsible for clearing the estate and making a list of the estate, handling the creditor's rights and debts of the heirs, and reporting the inheritance to the heirs. ”
The third part deals with the general ownership of civil heritage, Liu Huandan perspective: "The provisions on the heirs in accordance with the order", at the same time, should be shared by people the same, according to different circumstances of the heirs, distinguish between more points or economic minority situations due to suspected violations of the law and my situation, in this case, the court issued relevant legal provisions. to ensure the succession of chiefs. ”
Editor-in-Charge: Mei Zhang
【Source: Upstream News】