In recent years the passbook inheritance gradually becoming popular. To receive these payments, the heirs must go through strict procedures.
Right under the Civil Code
Ms. Thuy (District 4, Ho Chi Minh City) said May 11-2015 her mother died suddenly, after a burial care of her mother, her family jetted back to paper, she discovered her mother Đ. TT a passbook in the amount of 300 million deposited in bank branches District 4.
Then Ms. Thuy has brought three household registration book, passbook and her mother's death certificate to the bank to request a withdrawal.
Here, NH Her family requested to have notary inheritance procedures to ensure that no one disputed property.
However, when the three sisters Thuy brought to room papers notarized, then this place requires a death certificate of his grandfather, grandmother and sister Thuy and the whole family must be present at the time of notarization.
"My family situation is quite special. Grandparents separated many years ago, then the two of them have their own families. I lost my grandfather over 10 years ago and his family after his wife's grandfather had to live abroad, no contact to apply for a death certificate. My grandmother also had another family living abroad and therefore can not be present at the time of notarization. So, unable to complete the required procedures NH "- Ms. Thuy said.
Talking with Tuoi Tre, HCM City branch leaders a big joint stock bank said that the depositors are alive, that are personal relations between the depositor and the bank.
However when depositors lose the civil transactions stopped and moved through different stages, more complex because the provisions relating to inheritance in the Civil Code.
That is why banks can not spend money directly to relatives of the depositors but through the inheritance procedure.
Under the provisions of the Civil Code, the first line of inheritance include spouse, father, mother, adoptive father, adoptive mother, offspring or adopted children of the deceased.
In this case, according to Pham Van Thanh lawyers (HCMC Bar Association), the grandmother, she also lived abroad but can not be present at the time of mailing procedure can refuse to accept the inheritance of VN.
Her maternal grandfather Thuy took the notary may require a guarantee that the lost heir of the ward People's Committee has confirmed.
Thousands of unclaimed savings book
Where savers sudden death are not uncommon. There are even cases where the sender secretive about this deposit, until his death relatives know.
Ms. Diep (District 10) said her mother died five years ago. After the care of her mother's funeral, opened the closet, her family will see some savings book that her mother left. Two notebook sent in a joint stock bank headquartered completed family D.1 procedures and payments.
But also a book deposited at other banks when the banks asked the family to answer her mother's book has made it simple excuse to take up the bank issued another book and now her mother has withdrawn all the money in the register.
"In families with children or carrying my mother go deals NH informants wanted more detail to be able to recall the incident but banks do not provide. We also sought to verify information about the notebook are still getting the same answer. We passbook in hand so that NH replies we half expected, do not know how real damage. However, the sender is my mother died, we did not know what to do "- she said Diep.
Talking with Tuoi Tre, many banks also confirmed that there are many cases accounts that are no longer active or transaction.
When these circumstances occur, each bank has a different solutions. Leaders of a big joint stock bank said that bank customers have sought contact, but should not have to hang Clause 10 years, 20 years.
"That's the account posted many years ago. Almost always there NH hundreds, even thousands of records like this. But now due to employees in regular contact with customers to reduce crashes account "- she said.
Payment for copper passbook inheritance
ACB said the payment in case of passbook savings book owners take is done on the principle that banks are paying passbook for all co-heirs of all savings books.
All contracts can last heir to the bank the entire amount up to receive inheritance or inheritance contract authorizes a person to NH received. The authorization shall be established and authenticated in the competent authorities.
Where the co-heir can not produce all the documents, the co-heirs must present a written disclaimer of inheritance have been made at the notary public under the provisions of law or judgment legally law court has jurisdiction.
Ms. Thuy's case, ACB did instruct the bank directly to ask the husband of the procedure takes about ACB should provide a written disclaimer of inheritance be notarized.
Thuy case her family met obstacles in the process of making records, you can contact the bank for instructions.
* Hoang Manh Thang Notaries (Chief Notary 7, HCM City):
Notarized certificate of inheritance
In notarial practice had several cases to implement procedures to be declared heir to continue the procedures for payments, withdrawals from the bank from dead relatives.
That is the case of families with sudden loss of loved ones. More complex than many savers in the form of no window, or by hiding the family should ask banks not sent any documents about the family.
Such cases are searching, asking for information about the account, savings or inheritance procedures done for deposits of relatives at NH heir NH valid request to be addressed.
NH should require the written answer even if they refuse to provide information to in case of need, the requester may file a complaint or lawsuit.
On the issue of inheritance for the money in the account, savings book of the deceased must be resolved through the procedures of inheritance, who require to perform notary procedures inheritance declaration.
On that basis, the notary will verify the relationship, the inherited goods, fellow heirs, the inheritance ... then certification of the inheritance.
Based on the text of the notary who will bring the bank requires to process withdrawals from accounts, passbook.
On the issue of confidentiality of bank customers, which is the basic requirement of banks. However, the security must be understood as limiting the number of known information, not secret information with everyone.
So when people ask for my personal relationships, heir to the deceased person (the client), then the banks are responsible for solving.