Bank

Contact the inheritance office of the relevant municipality so that an appointment can be made.

A sealing protocol must be drawn up. This measure is prescribed by cantonal law (Art. 13 et seq. of the Decree on the taking of inventory) and is part of the inheritance security measures. The content is information about the financial circumstances and about the legal succession.

If assets in excess of sFr. 100,000, the competent government governor shall order the establishment of a tax inventory and appoint a notary public of the Canton of Berne to be in charge of the establishment (the heirs may propose a notary public).

Depending on the circumstances, other measures to safeguard the estate may be requested and/or ordered ex officio by the guardianship authority (e.g. inheritance inventory, inheritance administration).

• Personal data of the legal heirs First name, surname (in the case of women also married name), address,
  Marital status (spouse, children, parents, siblings
• Family booklet exists only if married
• Will / inheritance contract / prenuptial agreement if it exists and where it is deposited
• last tax return with list of debts and securities
• Bank / postal account / securities Accounts, savings book, bonds, shares, loans, mortgages
  of both spouses
• Financial statements Assets and liabilities as of date of death
• Information on shareholdings in companies, patents,
• Inheritances, business assets
• Land, real estate, rental income
• Cash, precious metals, collections (stamps, coins, pictures)
• Aligned pre-receivers

Ownership (including assets on all accounts) passes to heirs at the time of death. From then on, the bank must protect the interests of its new contractual partners – i.e. the heirs – as the Federal Supreme Court has ruled several times. The bank may not allow authorized persons to dispose of the estate before the heirs can obtain a certificate of inheritance to legitimize themselves.

A bank may only permit cash withdrawals if the heirs have been determined (to be proven with the certificate of inheritance).

However, many banks behave in an accommodating manner. They settle outstanding bills of deceased persons within the previous framework – for example, for apartment rent, electricity, telephone or health insurance. Banks also usually pay bills for doctor, hospital, and Spitex, as well as for the funeral, from the deceased’s account if an authorized representative or an individual heir submits them.

Depending on the situation, banks also allow smaller cash withdrawals for the family’s living expenses.

Nevertheless, the following points should be noted

After the death of a customer is usually blocked:

• Bank account, bank cards, access via e-banking
• Payments are often only made within the previous framework (e.g. standing orders)
• As a general rule: Invoices must be submitted to the bank as originals

Power of attorney becomes invalid, expires or is only valid to a limited extent:

• the power of attorney usually expires upon death in accordance with the Code of Obligations
• there are bank powers of attorney that are valid beyond death. However, these are not valid in every case without limitation
• Most banks only accept powers of attorney on the bank’s own form. Self-drafted general powers of attorney are not sufficient for these institutions even if they are notarized. General powers of attorney are legally valid, but the banks themselves can determine which forms of powers of attorney they accept.
• Powers of attorney that do not take effect until the death of the account holder are generally not accepted by banks because of the risk of circumventing inheritance law provisions.
• Upon the death of a bank customer, his rights and obligations pass to his heirs. Until the inheritance is divided, they may only jointly dispose of the estate and, for example, balance the account. An executor appointed by the testator, a representative of the heirs authorized by all heirs or an administrator of the estate appointed by the competent authority are also entitled to do so.
• No joint action of the community of heirs is required to revoke a power of attorney granted by the deceased. Each heir has this right for himself alone.
• Each heir can also request information from the bank individually, for example about past account movements. However, he must identify himself with a certificate of inheritance. Legatees have no right to information.
• accounts not in the name of the deceased person are not affected

Explanation of background:

Ownership passes to the heirs at the time of death. From then on, the bank must protect the interests of its new contractual partners – i.e. the heirs – as the Federal Supreme Court has ruled several times. The bank may not allow authorized persons to dispose of the estate before the heirs can obtain a certificate of inheritance to legitimize themselves.

A certificate of inheritance provides information about who is the heir. It is issued by the district court at the last residence of the deceased person, which can sometimes take several months. During this time, authorized representatives generally do not have access to the account. If a bank pays out money to an authorized person without waiting for the certificate of inheritance, it risks being liable for damages to the (remaining) heirs.

However, even a certificate of inheritance does not guarantee access to the account. The bank may refuse the surviving spouse larger withdrawals or to balance the account if there are other heirs. Or it may require that all heirs consent to the transaction in writing or confirm the power of attorney generally.