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Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! - Business (3) - Nairaland

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Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by Nobody: 4:10pm On Sep 01, 2020
SocialJustice:
Does your doctor treat you for free?
That is why someone who falls ill can go straight to the pharmacy to get a drug after explaining his symptoms than go to a hospital where they will charge him double of the amount.

1 Like

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by andyanders: 4:10pm On Sep 01, 2020
Op, you need a letter of admnistration from the probate office- go to the court armed with you, the death certificate.

Once procured, proceed to the bank and the bank would do the needful.

The bank is not wrong. What I don't understand is the high cost u are talking about.

4 Likes

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by ZACHIE: 4:11pm On Sep 01, 2020
we just like shortcut for this country

2 Likes

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by IFNOTGOD(m): 4:11pm On Sep 01, 2020
zuma4k:
Please fellow nairalanders, I need your opinions on this and if possible front page. It's quite personal and goes like this.
1. Mr Adam (my father) opens a fixed deposit account with X Bank. He subsequently submits his wife's details and makes her a co-signatory to the account with the *express mandate* that upon his demise, his wife exercises automatic access to the account and it's proceeds. Does this amount to a valid contract between him and the bank?.

U need a letter of administration from the court n not the bank together with the death certificate dat should do.

Submit to the bank n dey will take to legal department for verification n normal processes.

U should seek a lawyer's help.


2. Note that after his death the bank reneged on the primary provision of his directive, stating that a letter of administration must be procured (at an exorbitant cost).
Stated Reasons bothers on the fact that under banking laws and the principles of a valid contract, a contract between a depositor and the bank terminates upon the demise of the individual thus rendering the *mandate* unenforceable and invalid.
Please mods I need this on front page. Thanks.
Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by olugabbie(m): 4:12pm On Sep 01, 2020
zuma4k:
Please fellow nairalanders, I need your opinions on this and if possible front page. It's quite personal and goes like this.
1. Mr Adam (my father) opens a fixed deposit account with X Bank. He subsequently submits his wife's details and makes her a co-signatory to the account with the *express mandate* that upon his demise, his wife exercises automatic access to the account and it's proceeds. Does this amount to a valid contract between him and the bank?.

2. Note that after his death the bank reneged on the primary provision of his directive, stating that a letter of administration must be procured (at an exorbitant cost).
Stated Reasons bothers on the fact that under banking laws and the principles of a valid contract, a contract between a depositor and the bank terminates upon the demise of the individual thus rendering the *mandate* unenforceable and invalid.
Please mods I need this on front page. Thanks.

It depends on the mandate instruction. If it is either to sign your mum can take ownership. But if it is both to sign, then the conditions given by the bank must be met.

5 Likes

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by FirstCounsel(m): 4:12pm On Sep 01, 2020
westlius:
Tell them u will go to court and treating them u will also use social media to claim you mandate.
Boom they will pay u when they hear social media
.
This would not work. Trust me. Social media?

2 Likes

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by mecusbosco(m): 4:13pm On Sep 01, 2020
zuma4k:
Please fellow nairalanders, I need your opinions on this and if possible front page. It's quite personal and goes like this.
1. Mr Adam (my father) opens a fixed deposit account with X Bank. He subsequently submits his wife's details and makes her a co-signatory to the account with the *express mandate* that upon his demise, his wife exercises automatic access to the account and it's proceeds. Does this amount to a valid contract between him and the bank?.

2. Note that after his death the bank reneged on the primary provision of his directive, stating that a letter of administration must be procured (at an exorbitant cost).
Stated Reasons bothers on the fact that under banking laws and the principles of a valid contract, a contract between a depositor and the bank terminates upon the demise of the individual thus rendering the *mandate* unenforceable and invalid.
Please mods I need this on front page. Thanks.
When you say co-signatory, what is the mandate? Can either of the signatories sign? Is it both to sign? If its either to sign, then there is no need for Letter of administration but if it's both to sign and it's a savings account, then you have to follow the probate rules

4 Likes 1 Share

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by SamSara01: 4:13pm On Sep 01, 2020
But the Bank is right though, death is one of the conditions for terminating a contract. It's best you obtain the letter of Administration and seek legal counsel. By the way, I'm a Chartered banker, so I know what I'm telling you

4 Likes 1 Share

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by Areaboy2(m): 4:13pm On Sep 01, 2020
zuma4k:
Please fellow nairalanders, I need your opinions on this and if possible front page. It's quite personal and goes like this.
1. Mr Adam (my father) opens a fixed deposit account with X Bank. He subsequently submits his wife's details and makes her a co-signatory to the account with the *express mandate* that upon his demise, his wife exercises automatic access to the account and it's proceeds. Does this amount to a valid contract between him and the bank?.

2. Note that after his death the bank reneged on the primary provision of his directive, stating that a letter of administration must be procured (at an exorbitant cost).
Stated Reasons bothers on the fact that under banking laws and the principles of a valid contract, a contract between a depositor and the bank terminates upon the demise of the individual thus rendering the *mandate* unenforceable and invalid.
Please mods I need this on front page. Thanks.

The issue is if the co-signatory is set up as (A+B) and not (A or B). if it is signature of A+B to access this money, then i'm afraid e go hard.

Unfortunately, You may end up needing the letter of administration. and if i'm not mistaken, you'll need to pay about 10% of the value in the account (this is the main reason why the bank will be stubborn about this) This money goes to the state.
I doubt any lawyer will tell you differently. If you take the case to court, you may rightly spend more than the cost of the administration letter in court and still end up needing to get LOA. lol

3 Likes

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by sorepco(m): 4:14pm On Sep 01, 2020
There mite be lawyers here
There mite be those with same experience
There mite be bankers here


SocialJustice:
Talk to a lawyer, don't waste your time here.

4 Likes

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by ojialo(m): 4:14pm On Sep 01, 2020
There is no 2 ways about it whether your mother is a cosignatory to that account or not she needs to go to Probate registery at the High court and get "letter of administration." It usually take 2 months to process and the fee is less than 20k a newspaper publication that will be at the court notice board for 21 is part of the process
Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by yomi007k(m): 4:14pm On Sep 01, 2020
ZKOSOSO:
Crase for dem.
Just demo a little gbege for dem in the banking hall.....!

Dem go soji Las Las.

Dem wan chop ya papa sweat...!

Keep quiet and stop encouraging nonsense.


Since the father didnt make a WILL then a Letter of Administration is the next document needed.

2 Likes

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by josite: 4:15pm On Sep 01, 2020
any banker-customer contract that is made in breach of any applicable law i.e administration of estates law is an illegal contract.the error ur dad made was to postpone the wife'se authority to withdraw as a co signatory.till after his death .all he ought to have done in the mandate after having added her as a co- signatory is to further directs that any of the signatories could withdraw from the account and so it wont matter whether he is alive or dead.


the bank do have the right to insist on a letter of administration as whenever any one dies without a Will,all his properties becomes vested in the government and until a grant is made out to certain persons upon application,anyone who tampers with the properties of the deceased commits a tort.


in this circumstance,the bank could be helpful if they really want tosince she is made a co signatory.try not to go about it legalistically because if you do,the bank will hide under the law to deny access to the account until u produce the letter of admin.i believe this can be resolved relationship wise with the bank.

4 Likes 1 Share

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by FirstCounsel(m): 4:15pm On Sep 01, 2020
andyanders:
Op, you need a letter of admnistration from the probet office- go to the court arm with you, the death certificate.

Once procured, proceed to the bank and the bank would do the needful.

The bank is not wrong. What I don't understand is the high cost u are talking about.
.

If your dad made a Will, your family would have been saved all this "stress".
To obtain Letters of Administration, your family would pay 10% of the value of your dad's assets and cash in bank. Also it takes nothing less than 6 months to process the Letters from the Probate Registry.

1 Like

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by foxxydude: 4:16pm On Sep 01, 2020
Whether you carry lawyer or not you must produce letter of Administration grin
Only letter of Administration less cash
LOA + Lawyer = More money grin
Think am grin

4 Likes

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by FirstCounsel(m): 4:17pm On Sep 01, 2020
josite:
any contract that is made in breach of any applicable law is an illegal contract.the error ur dad made was to postpone here authority to withdraw as a co signatory to after his death .all he ought to have done in the mandate after having added her as a co signatory is to further directs that any of the wife of the signatories could withdraw from the account and so it wont matter whether he is alive or death.


the bank do have the right to insist on a letter of administration as whenever any one dies without a Will,all his properties becomes vested in the government and until a grant is made out to certain persons upon application,anyone who tampers with the properties of the deceased commits a tort.


in this circumstance,the bank could be helpful if they really want since she is made a co signatory.try not to go about it legalistically because if you do,the bank will hide under the law to deny access to the account until u produce the letter of admin.i believe this can be resolved relationship wise with the bank.

Spot on. Another sound opinion.

1 Like

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by ojialo(m): 4:17pm On Sep 01, 2020
Areaboy2:


The issue is if the co-signatory is set up as (A+B) and not (A or B). if it is signature of A+B to access this money, then i'm afraid e go hard.

Unfortunately, You may end up needing the letter of administration. and if i'm not mistaken, you'll need to pay about 10% of the value in the account (this is the main reason why the bank will be stubborn about this).
I doubt any lawyer will tell you differently. If you take the case to court, you may rightly spend more than the cost of the administration letter in court.

I don't think the bank will ask of 10% if a laywer handles it for him
Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by masqot(m): 4:18pm On Sep 01, 2020
LoA is essential for the Next of Kin to access such benefit since the deceased did not write a will. To have a headway without stress, get a lawyer to liaise with the bank, as well as process the LoA. Best of Luck.

1 Like

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by sorepco(m): 4:18pm On Sep 01, 2020
Tell them you will write their head office if they don't comply. One of the worst things branch managers hate is u writing a letter against them to their head office! I can still remember how a proud banker was begging me after I wrote the headquarter of Eco bank...about her shenanigans!


zuma4k:

Thanks for your response, they're trying to make us spend needless money. I need more suggestions apart from just routine advice on consulting a lawyer.
Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by Areaboy2(m): 4:18pm On Sep 01, 2020
FirstCounsel:
.

If your dad made a Will, your family would have been saved all this "stress".
To obtain Letters of Administration, your family would pay 10% of the value of your dad's assets and cash in bank. Also it takes nothing less than 6 months to process the Letters from the Probate Registry.

GBAM!.. you get am

1 Like

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by famouscargo4u: 4:18pm On Sep 01, 2020
The bank is right. your mum secure letter letter of administration.
Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by Nobody: 4:18pm On Sep 01, 2020
zuma4k:

Thanks for your response, they're trying to make us spend needless money. I need more suggestions apart from just routine advice on consulting a lawyer.

Professional advice is the only thing you need. This is Nairaland, not Lawyerland. Don't waste your time with public opinion.

1 Like

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by Psalter: 4:19pm On Sep 01, 2020
Did your mum sign the mandate form? If yes, the implication is that your mum is a co-signatory to the account of your father whether dead or alive. She is therefore entitle to operate the account without any let or hindrance. The requirement for letter of administration becomes necessary upon the death of all the signatories to the account. I will be willing to handle this matter for you gratuitously (free of charge). Please oblige me with your number and i will place a call to you.
Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by andyanders: 4:19pm On Sep 01, 2020
Op, you need a letter of admnistration from the probate office- go to the court armed with you, the death certificate.

Once procured, proceed to the bank and the bank would do the needful.

The bank is not wrong. What I don't understand is the high cost u are talking about. There must be a legal document to back-up any further mandate ur father had with the bank.

1 Like

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by deavicky(m): 4:20pm On Sep 01, 2020
zuma4k:
Please fellow nairalanders, I need your opinions on this and if possible front page. It's quite personal and goes like this.
1. Mr Adam (my father) opens a fixed deposit account with X Bank. He subsequently submits his wife's details and makes her a co-signatory to the account with the *express mandate* that upon his demise, his wife exercises automatic access to the account and it's proceeds. Does this amount to a valid contract between him and the bank?.

2. Note that after his death the bank reneged on the primary provision of his directive, stating that a letter of administration must be procured (at an exorbitant cost).
Stated Reasons bothers on the fact that under banking laws and the principles of a valid contract, a contract between a depositor and the bank terminates upon the demise of the individual thus rendering the *mandate* unenforceable and invalid.
Please mods I need this on front page. Thanks.
tweet them and copy central bank. If it is illegal central bank will intervene.
Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by SocialJustice: 4:20pm On Sep 01, 2020
sorepco:
There mite be lawyers here
There mite be those with same experience
There mite be bankers here


You don't take advise for legal issues online, I can talk to you like a lawyer and you will think I am one and believe the nonsense advise I gave until it fails you in life.
Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by Ade3131: 4:20pm On Sep 01, 2020
First thing first, the bank is right to ask your family to provide a Letter of Administration. This is so bcuz the bank needs to have a legal backup for allowing your Mom access to the funds just in case your dad's death is fake.

It's a statutory requirement from the CBN on all banks regarding how they treat accounts/funds belonging to a deceased customer. Thus, the bank is acting in accordance with this CBN directive by asking for Letter of Administration. It is also noteworthy to state here that in banking parlance, they'll tell you "death cancels all mandates" and that's the rule that applies in the case you stated here regarding your Dad's mandate instruction. His passing away has automatically rendered that instruction Null and Void.

You should only be challenging the bank on the ground that your Dad wasn't educated about all of these while he was appending his signature on such a mandate bcuz the bank has a duty to educate it customers and on that very note, there's a breach or information gap.

Mind you, it is hard to prove the above claim bcuz you do not have any evidence to back it up.

In a nutshell, talk to a lawyer on how to get the Letter of Administration and follow every other directives from the bank or else, there's nothing else you can do to make them pay out the fund.

And those asking you to threaten the bank should also tell you that there's an extent you can go with that or else the bank can sue you on several charges. They have an ever ready legal team on their payroll to handle stuffs like this.

3 Likes 1 Share

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by Areaboy2(m): 4:20pm On Sep 01, 2020
ojialo:
I don't think the bank will ask of 10% if a laywer handles it for him

No.. the probate office issuing the LOA is the one taking this money. you pay it into their bank account, come with your receipt for them to process the letter.. it takes time ooo

2 Likes

Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by deavicky(m): 4:22pm On Sep 01, 2020
ladyF:
Why not just get the letter of administration.
he said it is expensive.
Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by sorepco(m): 4:22pm On Sep 01, 2020
zuma4k:

Thanks for your response, they're trying to make us spend needless money. I need more suggestions apart from just routine advice on consulting a lawyer.
Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by SocialJustice: 4:22pm On Sep 01, 2020
comshots:
That is why someone who falls ill can go straight to the pharmacy to get a drug after explaining his symptoms than go to a hospital where they will charge him double of the amount.
Self medication is not the right way to treat yourself. Most times, it works but the day it will fail you, you could lose your life. No use your life do kalo kalo. Besides, how much does it cost to visit general hospital? Awoof dey run belle.
Re: Nigerian Bank Disobeying My Late Father's Directive. PLEASE HELP!!! by ecolime(m): 4:25pm On Sep 01, 2020
ojialo:
I don't think the bank will ask of 10% if a laywer handles it for him
The 10% belongs to the court NOT the bank. It does not matter whether you get a lawyer or not.

2 Likes

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