A few months ago
Sun from Harbin, Heilongjiang, died unexpectedly
Left a deposit of more than 400,000 yuan
The only legal heir is his mother Zhao
However, the bank rejected Zhao's withdrawal request
Today
#79岁老人欲取离世儿子41万存款被拒 #
The topic rushed to the hot search
Bank: It is impossible to tell if the old man is the sole heir of the deceased
Recently, the Harbin Acheng District Court heard such a case.
Zhao, 79 years old this year, just experienced the pain of a white-haired person sending a black-haired person a few months ago. Her son Sun drowned and walked suddenly, leaving no will. The mother Zhao is the only legal heir of her son Sun. Sun had a deposit of 410,000 yuan in the bank, but his mother Zhao was refused to withdraw money at the bank, so Zhao appointed a lawyer to sue the court.
Zhou Xiaoli, the presiding judge of the Acheng District Court, said: "This is an elderly lady, her son has 13 deposit certificates in the bank, totaling more than 400,000 yuan, and the bank refuses to let her withdraw this money. The bank is also meant to protect all legal heirs, and it cannot determine that the plaintiff is the sole legal heir of the deceased son. ”
Under normal circumstances, when the relatives of deceased depositors come to withdraw money, the bank's usual practice is to let the withdrawer go to the notary department for notarization or litigation through a court judgment. Zhou Xiaoli said that she had also advised the plaintiff to go through the notarization procedure, but learned that the complicated certificate stumped the 79-year-old plaintiff Zhao.
Zhou Xiaoli said: "The plaintiff said that the notary office needs to provide a lot of certificates, and some of the certificates cannot be issued by the people themselves, so they will sue the court." We also looked at some of her evidence, some evidence from the village committee, and some evidence given by the police station, which proved that the deceased had no spouse and no children, and that his father died before him. ”
After on-site investigation and visits, the court finally determined that Zhao was the only legal heir of his son Sun, and finally ruled that the bank should pay the deposit in Sun's name to the plaintiff Zhao within five days.
Zhou Xiaoli said that whether Zhao was the sole legal heir of Sun was the main concern of banks and notary offices at that time, but if all parties did not actively perform their duties, the money could not be withdrawn, and the legitimate rights and interests of plaintiff Zhao fell into an unresolved knot.
Zhou Xiaoli said: "The bank thought that if the notary or the court issued this certificate, the bank could withdraw the deposit, so they were not responsible. The notary also had this concern at the time. To be honest, we were under a lot of pressure because we were thinking about what if we were in this situation, but we were also thinking that if everyone thought so, the money would not be able to be taken out. ”
Although he won the case, in the end, the plaintiff Zhao voluntarily bore the case acceptance fee of 3,725 yuan and also paid the lawyer's fee.
Zhou Xiaoli said: "The plaintiff thought at the time that if the bank agreed to withdraw the money, she would voluntarily bear the legal costs, and the bank always insisted that she was not at fault, believing that it was also to protect the rights of other legal heirs." If the bank can review these, it should be the most convenient and do not involve a third party. ”
How to solve the problem of legal inheritance?
The complicated self-certification procedure not only increases the litigation costs of the parties, but also increases the workload of the grassroots courts. In the era of big data, when departmental barriers are gradually breaking the trend of openness, can the problems encountered by the masses in legally inheriting inheritance be safely and conveniently?
Dou Dongchen, a lawyer at Beijing Dishi Law Firm, said the current procedures are relatively rigid.
"Whether it is a deposit or a property inheritance, it is relatively rigid. For example, inheriting real estate, there are only two ways to transfer, the first is notarization, notarize your inheritance rights, can take the notarized documents to the housing management bureau to handle the transfer, and the second is a court judgment. In many cases, there is no dispute, but there may be no proof, such as death certificate, household registration book, and kinship certificate, which is to prove that my father is my father. ”
Dou Dongchen said that the current notarization procedure is difficult for special circumstances. "The notary procedure is particularly difficult to go, generally it is to go to the court, to be able to work the certificate, the parties have gone to the office certificate, because the notary office has several specific conditions, once it is not met, people will not do it for you." But the court is not, as long as the preliminary burden of proof is fulfilled, the court must be awarded. Then the burden of proof has to be found by the judge. ”
Ma Li, a senior co-partner and lawyer at Beijing DHH Law Firm, believes that the public security organ's household registration information management system can easily query citizens' kinship information. As long as the parties concerned obtain a certificate issued by the public security organ, the bank should handle the withdrawal business for the relatives of the deceased depositor.
Ma Li said: "[If] the bank has to recognize the notary and the court's decision, this is a bit rigid, a little too harsh." If the bank insists on only these two things, I think it is unreasonable. If the police station does not open it to her, it means that the police station is shirking responsibility. ”
However, in practice, the public security organs generally do not issue certificates of legal heirs. Some lawyers also said that the bank's request for the parties to notarize or litigate to solve the deposit inheritance problem is beyond reproach. The advantage of litigation settlement is that if a child born out of law suddenly appears and claims to claim rights, the court also has corrective procedures, i.e. enforcement of reversal.
Is there room for improvement in "reducing certificates for the convenience of the people"?
The settlement of litigation undoubtedly brings a certain burden to the parties. Is there still room for improvement in "reducing certificates for the convenience of the people"?
Xiao Yi, a partner and lawyer at Wintell Law Firm in Shanghai, said: "There must be space, and in the future, all the data will be connected, and maybe all the data of the real estate center will be connected with all the data of the public security department and the bank." In this case, I estimate that there may not be any need for the old man to claim in the future, and the bank directly tells you that now that your son is dead, you are the only heir, and I will give you his deposit. ”
In March this year, the Ministry of Justice released ten typical cases that continue to promote "reducing certificates for the convenience of the people". Among them, a bank of China quickly handles the withdrawal of small deposits from deceased depositors for customers.
As mentioned in the relevant background information, for a long time, due to the fact that the deceased depositor's deposit inquiry and withdrawal required notarization, the procedures were lengthy and cumbersome, especially when the deposit amount was small, the heirs bore unreasonable time costs and notarization expenses.
In recent years, the former China Banking and Insurance Regulatory Commission, People's Bank of China and other relevant ministries and commissions have successively issued a number of relevant documents for deposit inquiry and withdrawal of deceased depositors, simplifying the withdrawal process from "notarization + bank review" to "bank review + personal commitment", setting the limit of notarization-free withdrawal at 10,000 yuan, and allowing banks to increase to no more than 50,000 yuan, so as to facilitate the masses to handle deposit inheritance.
Will the relevant departments further increase the quota in the future?
Zhang Hong, a professor at Beijing Normal University's Law School, told Voice of China that simplifying the withdrawal process for deceased depositors requires a balance between inheritance facilitation and protecting deposit security. But first of all, we should break down information barriers between more departments, especially to promote information sharing among public security organs. In the era of big data, there are no technical problems.
Zhang Hong said: "In fact, the most authoritative information about identity information is definitely the public security organs. The relationship between people, it has the most true and accurate information there. Is it possible that they (banks and public security agencies) form a relationship similar to collaboration? In fact, there is still some room and possibility for operation in the sharing of information. ”
Source|Central Radio Network, Jiupai News, News Morning News