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I have been a signatory for my parents bank account for approx

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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Customer Question

I have been a signatory for my parents bank account for approx 8 years. In May 2011 the ANZ bank began withholding interest amounts from the account with ANZ bank as my tax file number was not registered with them. I visited my local branch and was advised my TFN was not relevant and an amount was reimbursed to the account. When I queried why all amounts had not been reimbursed I was told I would have to submit a tax return for amounts prior to the current tax year.
I believe the error has been made by ANZ bank and it is therefore their responsibility to retrieve these monies and re-deposit them in to the account.

 

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State/Territory: Victoria

Already Tried:
The bank in question

Submitted: 291 days and 5 hours ago.
Category: Australia Law
Value: AU$84
Status: CLOSED
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Expert:  Sydney-Lawyer replied 291 days and 5 hours ago.

Good Evening,


Is your name on the account as an account holder?

Customer replied 290 days and 8 hours ago.

No, the account is in my mother's name. She passed away 6 years ago and the bank advised at that time there was no need to change this.

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Expert:  Sydney-Lawyer replied 290 days and 8 hours ago.

Good Afternoon,


Did your mother leave a will?

How much money are we talking about?

Because your mother has passed away the bank is holding the money in trust for her estate and as such there is no tax file number on the accounts and they are entitled to withhold tax on the interest.

I see major problems with the Australian taxation office is a text file number has not been applied for, on behalf of the estate of your late mother and probate has not been finalised to release the money.

Can you please advise what has occurred in relation to your mother's estate since her death?


Customer replied 290 days and 7 hours ago.

The total amount is $2481.


If, as you say, the money is being held in trust for her estate, why was 1 of the amounts reimbursed by the bank?


The person I spoke to at the bank told me the issue was purely related to MY TFN.


Nothing has happened regarding my mothers estate as my father is still alive. I was advised by the State Trustees that no action was required/would be taken regarding the estate until my father passes away.

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Expert:  Sydney-Lawyer replied 290 days and 6 hours ago.

Good Evening


That I cannot understand or explain.

The TFN has to be of the account holder. If they are aware your mother has passed the account should be frozen and you should not be able to withdraw any money.

If the account was in your mothers name it should be dealt with. If it is in joint names with your father then they should change it over to your fathers name and they will need the death certificate and also the Will.

You should sort this out.

Once this is taken care of you can fix the TFN issue and have the money refunded.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

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Customer replied 290 days and 5 hours ago.

Will it be the responsibility of the bank to refund the money?


My father has been retired for 30+ years and I have no idea what his TFN is. How would I get this?


My father is in a nursing home with dementia and therefore unable to help me with any information.

Accepted Answer

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Expert:  Sydney-Lawyer replied 290 days and 5 hours ago.

Good Evening


I believe they have correctly deducted it. You will need to get a TFN for your mothers estate and then when you do the tax returns the ATO will refund you.

You can get his TFN from the ATO. He can lodge an application.

If a POA for your father you can apply for him. If you don't have a Power of Attorney you have to will need to apply for guardianship for your father.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.


Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16753
Answered: 7/7/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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