b. Inheritance of deposits in banks
According to Art. 1128 Civil Code of the right to monetary funds contributed by a citizen to a deposit or located on any other account of a citizen in a bank may be, at the discretion of a citizen, bequeathed in two ways:
a) by compiling will in the manner provided for in Art. 1124-1127 CC;
b) by making a testamentary order in writing in the branch of the bank in which the account is located. With regard to funds held in the account, such a testamentary order has the power of a notarized testament.
Since Art. 1128 of the Civil Code speaks of "money", testamentary disposal is possible both for ruble deposits and for deposits in foreign currency, but it is impossible with respect to deposits in precious metals ("metallic" deposits, as well as valuables deposited into the bank for safekeeping (item 921, 922 GK), are inherited by drawing up of the will).
You should pay attention to the phrase in the branch of the bank in which this account is located & quot ;. This formulation allows us to conclude that for the execution of a testamentary order, the depositor must appear in a particular branch (branch) of the bank where the account is opened for the deposit, and not the head office (which is relevant for multi-branch banks).
Testamentary dispositions of morals for money in a bank must be signed by the testator with the date of its compilation and certified by a bank employee who has the right to accept orders of the client for the funds on his account.
The order of execution of testamentary orders in cash in banks is determined by a decree
The US Government of 27.05.2002 No. 351 and is as follows.
The preparation, signing and certification of a testamentary order is subject to the following conditions:
- the identity of the testator is certified by a passport or other documents that exclude any doubts about the identity of the citizen;
- the testator is informed of the contents of articles 1128, ISO ("Cancellation and modification of the will"), 1149 ("The right to an obligatory share in inheritance"), 1150 ("Rights of the spouse in inheritance") and 1162 ( Certificate of the right to inheritance ") CC, after which a note is made in the testamentary order;
- persons participating in the execution of a testamentary order are required to comply with the provisions of Art. 1123 ("The Will of the Will").
Testamentary order is signed by the testator with indication of the date of its compilation. Testamentary order can be written by hand or using technical means (computer, typewriter, etc.).
The testamentary order specifies:
a) the place and date of its commission;
b) the place of residence of the testator;
c) the names, patronymics, surnames of citizens, the full name and location of the legal person to whom the contribution is bequeathed.
Testamentary orders, unlike wills, are made free of charge. Meanwhile, some banks provide in their tariffs a fee for the provision of forms of testamentary orders.
The testator may make one testamentary order for all funds placed on several accounts, or for funds placed on one of these accounts.
If the testator wants money from his account after his death were given to several heirs, then in the testamentary possession, he indicates to which of them what part is bequeathed.
Monetary funds, bequeathed to several persons without specifying the share of each, are given to all these persons in equal shares. The testator has the right to indicate in the testamentary order another person to whom the contribution should be issued in the event that the person in favor of whom the money is bequeathed will die before the testator himself or file an application for refusal to accept the bequests, and in other cases stipulated by art. . 1121 GK.
According to Art. 1150 CC belonging to the surviving spouse of the testator by virtue of a will or law, the inheritance right does not diminish his right to a part of the property acquired during marriage with the testator and is their joint property; the share of the deceased spouse in this property, determined in accordance with Art. 256 GK, is part of the inheritance and passes to the heirs. Thus, if the contribution was made during the marriage, it is the common property of the spouses, so the testamentary order will concern only half of the amount of the bank deposit or account, unless otherwise stipulated by the marriage contract or the fact that the contribution was made from sources that are not included in the number of grounds for the emergence of joint joint property of spouses (for example, from funds received from the sale of property acquired before marriage, received by inheritance or other gratuitous grounds, etc.) & quo t;.
The testator has the right to provide in the testamentary order the conditions for issuing a deposit (for example, payment to a person to whom the deposit is due, certain amounts in the time established by the depositor, the issuance of a deposit to a person after reaching a certain age, etc.). The conditions to be set should not contradict the Civil Code.
Corrections and posts in the testamentary order are not allowed.
Testamentary order is made in two copies, each of which is certified by the signature of the bank employee and stamp. The first copy is given to the testator, and the second is registered in the book of testamentary orders and is filed in a special folder of testamentary orders, stored in a fireproof cabinet.
The bank employee on the testator's account makes a note about the testamentary order made.
If the testator wishes to change or cancel the testamentary order, he must apply to that branch (office, branch) of the bank in which the testamentary order was made, and file a testamentary order with his own hand. The bank employee establishes the identity of the testator, checks the submitted testamentary order and appends it to the previously compiled order.
The testator has the right to change or cancel the testamentary order, guided by Art. 1130 Civil Code, through the registration of a notarized testament, which specifically indicates the cancellation or modification of a particular testamentary order, or a notarially certified separate order to cancel a testamentary order, one copy of which must be sent to the bank.
In case of death of the testator, the notary sends a request to the bank (with an attached certified copy of the testator's death certificate) with a request to confirm the fact of the individual testamentary order being certified by the bank employee and the fact of its cancellation or change. The answer to the request is signed by the head of the bank with the stamp and sent to the notary within a month. If a copy of the testator's testamentary order is attached to the request, the answer to the request may be stated under the text of this testamentary order. According to n. 32 Methodical recommendations on the registration of hereditary rights, the issuance by a notary of a certificate for funds held in bank accounts for which a testamentary order has been made in the manner of art. 1128 GK, is carried out on the basis of the testamentary order and the bank's response to the notary's request to confirm the fact of the certification of a specific testamentary order or the fact of its cancellation or change by an authorized bank officer.
Payment of money from the accounts of deceased testators who issued the testamentary order after March 1, 2002, is made depending on the specific case on the basis of the following documents:
a) certificate of the right to inheritance under a will or law issued by a notary public or a United States consular official;
b) the notary's decisions on reimbursement of expenses caused by the death of the testator, in accordance with Art. 1174 GK;
c) Notarially certified agreement on the division of hereditary property in accordance with Art. 1165 GK;
d) certificate issued by a notary to the executor of the will in accordance with Art. 1135 GK;
e) certificate of ownership of a stake in property owned jointly by a spouse issued by a notary public or a US consular officer in accordance with art. 1150 GK;
e) a copy of the court decision with a note on its entry into legal force or an enforcement sheet in the event that the case is judicially examined.
In accordance with paragraph 3 of Art. 1128 Civil Code of the right for funds in respect of which the bank made a testamentary order, are part of the inheritance and inherited on general grounds. These funds are given to the heirs on the basis of the above documents, with the exception of the case provided for in Clause 3, Art. 1174 Civil Code, which says that for the implementation of expenses for a decent funeral, the testator can use any money that he owned, including in deposits or in bank accounts.The banks in whose deposits or accounts are the funds of the testator are obliged by a notary's decision to provide them to the person specified in the notary's decision (not to the heir) to pay the specified expenses.
The heir, to whom the funds deposited in the deposit or located on any other accounts of the testator in the bequests, including in the case when they are bequeathed by way of a testamentary order in the bank, are entitled at any time before the expiration of six months from the date of opening the inheritance receive from the deposit or from the testator's account the funds necessary for his funeral.
The amount of funds issued by the bank for funeral to the heir or specified in the notary's order to a person can not exceed 40 thousand rubles. (paragraph 4 of item 3 of article 1174 of the Civil Code).
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