In 2016, a 95-year-old man was refused permission to withdraw his dead wife’s 300,000 yuan deposit. Bank: You are not the heir

2022-07-05 0 By

According to common sense, take the bank card to the bank to take out their savings, this matter to where it is appropriate.However, in 2016, 95-year-old Wang yinmin encountered no small trouble when he tried to withdraw 300,000 yuan of his late wife’s savings from the bank after her husband died.Wang thought he could go to the bank to withdraw money with his bank card, household register and his wife’s death certificate.Unexpectedly, however, the bank said that the deposit should be handled as an inheritance and that Wang was not the heir and could not access the money until he proved his identity.Hearing the bank’s explanation, Wang said helplessly, “In fact, this money is mine, because my wife is younger than me, she is younger than me, I opened an account in her name.”In this way, In order to prove his identity, Wang spent two years together.What’s going on here?After graduating from China University of Political Science and Law in 1960, Wang chose to work as a secretary in an enterprise.He married his wife four years later and the couple had no children.The couple later adopted a child, but dissolved the relationship in 2011, making it clear that the child was not inheritable.In 2015, Wang and his wife deposited their savings of 300,000 yuan in the bank.A year later, Wang yinmin wanted to withdraw 300,000 yuan from the bank when his wife passed away, but the old man entered the wrong password for three times in a row, resulting in the “lock card” unable to withdraw the money.Wang recalled that the couple agreed when they saved their money that their birthday would be their password if their name was used to open an account.”She made a mistake and used my birthday, so it was a mistake.”In this regard, the bank staff said: according to the provisions of the People’s Bank of China on the Implementation of the Savings Management Regulations (hereinafter referred to as the Provisions), Wang Yinmin needs to provide a notarized certificate of inheritance or effective documents of the court to prove his legal successor identity.It’s hard to hurt the old man.Because long lost contact with the adopted son, the other party can not be present for notarization, so Wang Yinmin can only first Sue to confirm that the adoption relationship has been removed.Later, after getting the court’s judgment, the old man wanted to go through inheritance notarization, but because the notarization cost was too high and the required materials were complicated, he had to give up.Two years later, Mr Wang took the bank to court.On April 9, 2018, the people’s Court heard that Wang Yinmin asked the court for an order that he had the right to inherit and legally withdraw the 300,000 yuan deposit and interest under the name of his late wife.On the same day, the 95-year-old Wang arrived at the scene supported by his nephew.Although the old man was hard of hearing, because he majored in law in college, he was very clear in thinking and used a lot of legal terms when answering the judge’s questions.The bank asked Wang to issue a certificate that “can prove that he is the only legal heir of his wife.” Since wang’s parents are long dead, they have no children, and his wife died without a will, so it seems that the only legal heir is Wang as her husband.But how does Wang prove his identity?Before the court, the bank staff first stated the basic situation: “At the beginning of opening the account, a fixed account was transferred under the current account, the deposit amount is 300,000 yuan, the fixed deposit is one year, the interest due is 9,180 yuan, the maturity date is June 25, 2016, the deposit was transferred to the current account.”Later, the judge asked Mr. Wang’s defense whether Mr. Wang knew the password.The defence replied: “At that time, the plaintiff entered the wrong pin number three times and the bank subsequently locked the card.”The judge listened and concluded: “The plaintiff means that Yu Ziwen (wang Yinmin’s wife) changed the password of his bank card before his death, but did not inform the plaintiff, right?And did not leave the plaintiff any letters about changing the pin number of the bank card?”The counsel replied: “Yes.”Originally, after learning of the bank’s requirements, Wang yinmin’s nephew rushed to the notary office in the first time.He did not realize that if he wanted to issue a notarial certificate of inheritance, he would first need to prove the marital status of Wang and his wife, the information of his former work unit and other materials, and even prove the identity of his parents who had been dead for more than 40 years.Wang’s nephew had no choice but to go back to his hometown and take photos of his grandparents’ tombstones as evidence.Wang’s nephew recalled that the first thing he did was go to the couple’s former workplace to get their personnel files, which showed that they had adopted an adopted son.As the author mentioned above, for some reasons, as early as 2011, the couple and their adopted son dissolved the adoption relationship and signed the “Adoption Termination Agreement”.Both parties agree that “after the termination of the adoptive relationship, the relationship of rights and obligations between the adoptive parents and their adopted children will be terminated accordingly”, and the agreement shall be signed and confirmed by Wang Yinmin and his wife, his adoptive son and the references.But Wang Yinmin’s nephew took this “remove adoption agreement” to the notary office, the other side said that can not distinguish its authenticity, must go to the court.If approved, can continue to proceed to the procedure.In May 2017, after multiple efforts, the court confirmed the validity of the Adoption Termination Agreement between Wang, his wife and their adopted son.Wang yinmin took the materials he had prepared to go to the bank, thinking that he could finally withdraw the money, but was told by the bank that the notarial certificate must specify who to leave the money to.Later, Wang’s nephew went to several other places, but could not prove that Wang was his wife’s only legal heir.Knowing the above, the court asked the defendant’s bank how it could withdraw the money in view of Mr Wong’s advanced age.Bank officials said that according to the bank’s regulations, in the case of the death of the depositor, its heirs can hold the relevant certificate issued by the notary organ to withdraw money at the branch.If there is a dispute over the right of inheritance, the network shall execute the dispute according to the relevant judgment.”This is the law on how to withdraw money, but in fact for elderly people like the plaintiff, the bank has a green channel.”For small withdrawals of less than 5,000 yuan, banks can withdraw money directly without notarization if they provide the correct password, but for large deposits, they must hold a notarization certificate or a judgment.It is reported that the current account balance of Mrs Yu plus interest has more than 310,000 yuan.”The plaintiff was older, and after the court found out, we agreed with the verdict.”Throughout the whole case, there are actually two legal relationships involved: first, the legal relationship of real right, that is, the relationship between Wang Yinmin and his wife and the bank is creditor’s right. After his aunt died, Wang Yinmin became a common creditor.Article 102 of the Property Law deals with joint ownership. According to the law, Wang yinmin, as a joint creditor, can claim all the money in the customer’s account from the bank alone or in whole.Second, succession and distribution, in the absence of a will, and do not master the withdrawal password, according to the provisions of the Law of Succession, follow the principle of legal succession, redistribution of the deceased deposit.In the whole process, the bank followed the principle of protecting the interests of depositors.In the end, the bank rejected the mediation proposed by the court, asking the court to rule according to law.So, what was the final verdict of the court?Through to the existing situation and careful and rigorous analysis of evidence, the court after hearing that Yu Dama had a bank account in Beijing, the two sides formed a savings contract relationship, Yu Dama dies, at a bank in Beijing on the half of the deposit should belong to the king the big ye, the other half as a legacy of the Yu Dama, attributed to Boyle’s heirs.Because yu Dama had not made a will on the deposit, according to the fifth provision of the Inheritance Law of the People’s Republic of China, the inheritance shall be inherited by the legal heir.Moreover, their adopted son had terminated the adoption relationship with Aunt Yu and Uncle Wang in November 2011. After the termination of the adoption relationship, the adopted son had no right to inherit The inheritance of Aunt Yu.Therefore, Uncle Wang, as the only legal heir of Aunt Yu, is entitled to inherit the deposit in a bank in Beijing, and Mr. Wang is entitled to the ownership of the deposit according to law.The entire sentencing process was well organized and well-founded.At the same time, regarding the bank’s practices, the court said:”The People’s Bank of China to implement < savings management regulations > provisions of article 40 rules, on the death of the depositor, the legitimate heir to prove their identity and have the right to extract the deposit, should the notarization of the place where the savings institutions (not a notarization to the direction of the county, city) of the people’s court to apply for certificate of inheritance, by to go through the formalities for the transfer or savings institutions.Therefore, after Yu’s death, a bank in Beijing refused Wang’s withdrawal from Yu’s deposit without confirming whether He was the only inheritor of Yu’s aunt.In other words, the bank has acted in strict accordance with the rules and there is no obvious wrongdoing.In the end, the court ruled in the first instance that The 300,000 yuan yu deposited in a Beijing bank and the interest belonged to Wang.On May 2, 2018, Wang went to the bank again to withdraw money and successfully withdrew more than 310,000 yuan.Looking back on the whole incident, Judge Li Linqiang had his own opinion, he thought: “Elderly people should tell their basic assets to their trusted family members on the premise of ensuring the safety of their bank accounts. At the same time, they can consider making a notarized will before they are alive to prevent unnecessary troubles.”Wang yinmin later concluded that if his wife had left a will, or had an account of the 300,000 yuan, he would not have had to run around to get materials for a lawsuit in the past two years.But in those days they were on friendly terms, without any dispute, without any notion of making a will, and now it seems that having no will is still a matter of trouble.We need to understand that, with the progress of The Times and the continuous development of society, now, making a will is tending to be younger, many people around 40 years old have begun to make wills.Regarding the validity of the will, a professional lawyer said: “It is advisable to make a will early, because the last one is the most effective, so we do not have to worry about what will change in the future so that the previous will will not be used.Besides that, make sure you make a notarial will first, because a notarial will is the most efficient.”In fact, Wang Yinmin encountered this kind of situation, that is, relatives died suddenly, leaving savings.How does a family member get it out if they don’t know the password?The reality is, some people have to go to the notary office;Some people go to court;Even after the death of some people, the family members do not know his life’s savings, which become dormant savings.After professional advice from the bank, the author learned: want to know the deceased have deposit, or want to withdraw the deceased’s deposits, you need the legitimate successor to the notary organ, open deposit inquiry, handle the withdrawal will prescribe inheritance certificate of notarization institutions, by the legal heir with inheritance certificate of the normal withdrawal formalities.Professionals revealed that in fact, there are two ways to wake up the deceased’s savings: the first is notarization, which costs a lot and takes a lot of time;The second is to go to court, which is characterized by slow time and low cost.In fact, when wang Yinmin, the protagonist of this paper, wanted to retrieve 300,000 yuan of deposit, he not only conducted notarization, but also chose litigation, somewhat “gilding the lily”.Wang explained that they did this because courts can better connect procedures and procedures, and notarization is a waste of time for them.It is gratifying that after the conclusion of Wang yinmin’s case, the Chaoyang Court conducted a special investigation on the problems found in the case trial.They later discovered that Mr. Wang’s problems were not unique.Over the years, similar disputes have broken out in Shanghai, Zhejiang, Liaoning and Shandong provinces.”Several sets” although has 25 years, plays an important role in the protection of transaction security in, but with the development of market economy and the popularity of banking business, the provisions in the content of the notarial obligation to increase the economic burden and litigation, the parties affected the transaction efficiency, and there is a deposit of co-ownership, savings contract relationship problem such as inheritance and confusion.Therefore, in November 2018, the Chaoyang Court sent a judicial recommendation letter to the China Banking and Insurance Regulatory Commission, suggesting that the 1993 Provisions be revised.That is to say, if on the premise of ensuring the safety of depositors’ deposits, the rigid requirement of notarization can be cancelled, and those who can submit the depositors’ death certificate, marriage certificate, household register and other materials sufficient to prove the identity of legitimate heirs can be allowed to withdraw their deposits, which will provide more convenience for the heirs to withdraw their deposits.At the same time, the Court also suggested that the CBRC establish an information sharing mechanism to gradually realize the online verification of identity, household registration, marriage, property and other information.Commercial banks are encouraged to include clauses in savings deposit contracts that allow depositors to specify who can withdraw their deposits in the event of their incapacity or death.Such proposals have undoubtedly greatly facilitated the lives of the people.Silver circ formally reply later for the advice of the court, the court, said plans to cancel compulsory notarization of deceased relatives deposit query request, encourage Banks to establish a small dispute processing mechanism, allowing for small savings to extract from notarization, push the Banks with relevant departments to establish information sharing mechanism, and gradually promote the information such as identity, census register, marriage online verification.This was the end of a successful affair.Reference: People’s Daily online “his wife died leave 300 thousand deposit ninety year-old old man withdraw money was rejected” and so on one END one by one