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Dear Sir, Madam, My mother died intestate (without leaving

 

Customer Question

Dear Sir, Madam,
My mother died intestate (without leaving a will) in France in Dec 2010.

More than 12 months later, I got copies from her bank in Suisse
claiming that she had instructed the bank in a typed letter dated 12/12/2010 to close her account and to transfer the remaining funds (only 40000 euros) to my sister’s account.

This was very uncharacteristic of my mother (to want my sister to get anything at all) and I question her state of mind at the time of the alleged signing of the instructions to the bank as she was on her deathbed under strong medication and could not have had mental nor physical capacity to give nor sign such instructions. She died on 18/12/2010.

The bank has released a photocopy of the claimed signed instructions dated 12/12/2010. I had this examined by a reputable graphology expert in the UK who is of the view that the 12/12/2010 signature in the photocopy is likely to be fake, as compared to what is believed to be genuine signatures of mother but that original copy is required in order to be more conclusive.

My question is: does the bank have the right to refuse releasing the requested original copy dated 12/12/2010 as they claim to be bound under retention laws. I don’t even want to keep the original, just to have it forensically examined. Surely, if fraud is suspected then they should release originals?!

If they still refuse, what are my options, apart from getting expensive Suisse lawyers on the case, which I cannot afford!

And finally, I personally think the bank should have taken further authentification steps in confirming and validating such instructions. They say they only compared the allaged signature against their own records and closed account and transferred all to my sister’s account.

Many thanks,

KAB

 



Already Tried:
nothing on this issue

Submitted: 376 days and 22 hours ago.
Category: French Law
Value: £12
Status: CLOSED
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Expert:  Fran-mod replied 376 days and 5 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied 375 days and 22 hours ago.

Thanks. No reply yet from expert. So please pass to other relevant experts

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Expert:  Fran-mod replied 375 days and 21 hours ago.

Sometimes, finding the right professional can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

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Expert:  T Perrin C replied 375 days and 1 hours ago.

I am sorry to be disappointing but based on the information above, if the bank refuses to cooperate, your only line of action will be to sue them. Before taking such an action, one would suggest you take this matter to the Swiss banking ombudsman. www.bankingombudsman.ch

Customer replied 374 days and 23 hours ago.

Thank you Sir,
I understand what you say and will approach the ombudsman first.
Isnt the bank obliged to provide original copies under such circumstances? If they are obliged then I will put pressure on them.
Sincerely, Kamran

Accepted Answer

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Expert:  T Perrin C replied 374 days and 22 hours ago.

Under banking regulations the original must remain in their possession but they should allow on-site access to it to your expert and I guess the ombudsman will push them in this direction. They will release it only with a court order, which means taking the case to justice.

Expert TypeConsultant en droit du travail
Category: French Law
Pos. Feedback: 96.0 %
Accepts: 666
Answered: 4/13/2012

Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)

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