If a person dies and has money but no one knows about it, will the bank notify the family

2022-05-18 0 By

There’s been a lot of controversy about this.Many people think, since deposits for a bank is a kind of debt, is a kind of creditor’s rights to depositors, then died when depositors, although no one knew of his deposit, but as a heritage, a bank or should inform their family members, or other lawful heir, if ignored “pack to sleep,” wouldn’t it be at the risk of “as his own”?Today, however, banks do not actively notify family members or other entitled heirs of deceased deposits unless you come to them. Why?For one thing, banks don’t know if depositors are alive or not.At present, all banks have an identity verification system connected with population management agencies, but the main function is to check the authenticity of customers’ identities. In fact, there is no real-time interconnection and sharing of death information. In other words, banks have no way to obtain timely information about whether depositors are alive or dead.Secondly, the more important reason is that the system does not give the bank the responsibility and obligation to inform family members, that is, the system is missing.In handling deposits and withdrawals, banks mainly comply with two major laws and regulations. The first is, and the second is, under the framework of the two laws and regulations, specific rules for the implementation of the bank shall be formulated, but there shall be no conflict or breakthrough in any way.In both these laws and regulations, however, the solution about the deposit, the only only mentioned “deposit inherit” the related judicial interpretation, but whether to require Banks to notify the family members or other successor problem, can say is nothing, so the bank even want to notify the family members, and there is no legal basis, and even level is likely to be violations of the law.There is a legal proverb “if the law does not prohibit, it is prohibited if the law does not authorize”, and its second sentence “if the law does not authorize, it is prohibited”, is aimed at the public power.Therefore, at the legal level, the bank does not have the right and obligation to inform the family members.Third, banks have a duty of confidentiality to their customers.In Harmony, there is an important provision, that is, “voluntary withdrawal of deposits, free deposits with interest and confidentiality for depositors”, which is not only the motto of the bank to build its reputation, but also an important regulatory red line.Therefore, no matter whether the depositor is alive or not, all his deposit and account information is confidential, the bank is not allowed to disclose to any units or individuals without authorization, but the authority except.At the same time, before the corresponding system has been established and perfected, it is difficult to determine who is the legal successor if the family members are notified. Therefore, it is possible to notify the family members hastily, which may not only violate the depositor’s will, lead to the disclosure of deposit information, but also may lead to a bigger deposit inheritance dispute.So, the bank does not notify the family or other heirs, is it really “possession”?Of course, it can only be said, not taken seriously.As mentioned above, deposit is a creditor’s debt relationship between the depositor and the bank. It is not only a true expression of the meaning of the contract, but also a strict distinction in bank accounting accounts. Anyone with a little financial knowledge knows that how can a debt be converted into assets?There is also strict external regulation, and banks are not home-grown.Of course, when a depositor dies, if there is no heir to receive it, it will be kept in the bank for a long time. The bank will also use the money to make loans or other investments to make profits, so it can’t be left idle. But isn’t the bank always counting interest?The interest of current deposits will be paid quarterly and automatically transferred to the account. The interest of time deposits will be calculated according to the agreement, and the principal and interest will be rigidly paid upon withdrawal.Banks are essentially credit intermediaries, and there is nothing wrong with earning profits through deposit and loan spreads.So even if the long-term and unmanned receive deposits, Banks also have no “as his own”, but by the agreement with the interest on the premise of rational use of funds, only without the ownership of the right to the use, whenever the heir to issue certificates of deposit, and other relevant formalities (notarial deed, the will or judgment, etc.), the bank will cash in full.Back to reality, of course, we are more willing to publish relevant laws and regulations as soon as possible, for commercial Banks, the depositor died, no one know that under the condition of deposit, must notify the family members or other lawful heir, not only can avoid family members to the Banks of the query, perhaps the money also can save a family and also to avoid the unnecessary property “lost”.But, after all, the establishment of the system is a complicated system engineering, although in the current Internet, big data and cloud computing, etc may get technical support, but also business method, the savings management regulations, inheritance law as well as the personal information protection law and other legal barriers to break through, to say the social phenomena and therefore cannot be achieved overnight.