Can’t get money out of a will?Shenyang man sued Bank of Communications, the court ruled

2022-07-21 0 By

Family member dies, how does the money of bank card take not come out?Recently, the court announced the trial results of a similar case.Plaintiff appeal says, on January 8, 2021, plaintiff’s father Li mou concluded a will, stating: voluntary will as follows: after my death, the unit issued funeral expenses all belong to my son Li mou all.The above will is my true will.On January 13, 2021, Li mou died because of illness, the will is effective.Later, the plaintiff inquired that his father Li had a deposit of 66,000 yuan in the defendant’s bank, but the defendant refused to pay.The plaintiff hoped that the defendant bank could return the legal inheritance deposit to him, but the defendant bank refused, so the plaintiff sued the court.Shenyang Liaohe Branch of Bank of Communications Co LTD said that according to relevant regulations, in the case of the death of the depositor, the heir needs to apply for the certificate of inheritance to the notary organ, the bank with the certificate of inheritance issued by the notary organ to handle the business, all banks in accordance with the provisions.The plaintiff did not provide us with the certificate of inheritance issued by the notary organ. Although the plaintiff provided us with the will, the will was not notarized, which is not in line with the above provisions, so we cannot handle it.The court believes that Li mou before the bank of Communications Co., LTD. Shenyang Liaohe sub-branch deposit, the two sides form a deposit deposit contract relationship, li Mou after death, its in the Bank of Communications Co., LTD. Shenyang Liaohe sub-branch deposit should be as its legacy, by its successors inherit all.In the event of the death of the depositor, the legal inheritor shall provide the certificate of succession when withdrawing the deposit.In this case, the plaintiff did not provide the certificate of inheritance to the defendant, the defendant did not pay the deposit of Li mou to the plaintiff and no fault.In January 2022, the court sentenced the defendant Bank of Communications Co., LTD. Shenyang Liaohe Branch to pay the plaintiff li mou (card number: 40×××03) bank deposit of 66,797.97 yuan;The case acceptance fee is 1450 yuan, borne by the plaintiff.(Hua Shang Bao reporter Wang Xiang, editor Luo Qi)