Kotova Natalia Nikolaevna, head of the Settlement Centers "Bankovsky-6", "Nevsky-8", talks about how to get property from a cell to the heir of a deceased tenant.

The death of a loved one is an irreparable loss for almost any of us. Despite all the bitterness of the loss, you need to think about the fact that after his death, the deceased could leave property (apartment, car, securities, cash, etc.), which should be inherited by his relatives.

What should the relatives of the deceased safe deposit box tenant do?

The Settlement Center learns about the tenant's death, as a rule, from the tenant's relatives, who submit to the Settlement Center (hereinafter RC) a death certificate. The very first question that relatives ask is how and when can you get money from the cell?

Many of those relatives who apply to the RC are aware of the fact of renting a cell and its contents, since together with the deceased, for example, they took part in the sale of an apartment or other property. However, it happens when the RC receives a notary's request to identify possible property that belonged to the deceased and is in the cell.

The contents of the safe deposit box is the subject of inheritance, and therefore is regulated by the norms of the Civil Code of the Russian Federation on inheritance. You can also inherit the rights and obligations of the deceased tenant under the safe deposit box lease agreement.

The contents of the safe box or the rights and obligations of the deceased tenant under the safe deposit box lease agreement are transferred to his heirs after 6 months from the day of the tenant's death, i.e. after 6 months from the date of opening the inheritance, as referred to in Art. 1154 of the Civil Code of the Russian Federation.

In accordance with Art. 1153 of the Civil Code of the Russian Federation, the acceptance of an inheritance is carried out by filing at the place of opening of the inheritance to the notary the application of the heir to accept the inheritance or the application of the heir to issue a certificate of the right to inheritance.

Based on the application submitted by the heir and in order to carry out actions related to formalizing the entry of the heir into the right to inherit the property placed in the cell, the notary sends a request to the RC in order to identify such an inheritance and its composition.
The provisions of Art. 1171 of the Civil Code of the Russian Federation oblige banks, other credit organizations and other legal entities at the request of a notary, inform him of the information available to these persons about the property that belonged to the testator. The notary public can communicate the information received only to the heir.

In his request, the notary, as a rule, indicates:

Provide information about the available rented safe,
- make an inventory of the property located in the rented safe.

In the first case, it can be assumed that the heirs do not know or are not sure that their relative could have a safe deposit box. Therefore, the notary indicates the communication of the following information:

Did the deceased have a rented safe?
- if there was, then on the basis of which cell lease agreement it was rented

At the request of a notary, the RC gives an official response within a reasonable time and, if there is a safe deposit box rented by the deceased, provides copies of the cell lease agreement (documents attached to it, if necessary).

The second case shows that relatives know about the rented cell and most often about its contents - Money ah, usually. In this case, the notary in his request indicates the opening of the safe box, a detailed description of its contents and the transfer of the inventory to the notary.

For the production of opening the cell and an inventory of its contents, a commission is created by order of the organization (RC). A notary and heirs are invited to participate in these actions.

The property withdrawn from the cell, as a rule, the funds are carefully rewritten according to the name of the currency, denomination, serial numbers banknotes and quantity. Then the funds are placed in a bag, to which a label is attached indicating the number of the safe, the number of the cell lease agreement, the date and signatures of the persons involved. The bag is sealed by the responsible member of the commission and placed for safekeeping in the Repository of Valuables of the RC until demanded by his heirs.

After 6 months, in accordance with Art. 1162 of the Civil Code of the Russian Federation and on the basis of the inventory data (or a response about the presence of a rented safe), the notary issues to the heirs a certificate of the right to inheritance, which is submitted to the Settlement Center.
The certificate may contain an indication of the inheritance of rights and obligations under the cell lease agreement. In this case, the heir is given access to the safe as if he were a regular tenant.

Along with this, a specific amount of money can be indicated in the certificate - the one that corresponds to the inventory submitted by the RC to the notary. If there are several heirs, then the amounts due to each heir are indicated. In this case, the RC, in the presence of the heirs, opens the bag with the property (cash) of the heirs, which was in safe custody in the RC, and issues it to the heirs in strict accordance with the amounts indicated in the certificate of inheritance.

In accordance with Article 1174 of the Civil Code of the Russian Federation, the necessary expenses associated with the protection of the inheritance, and the presence of the testator's property in safekeeping in the RC or in a rented safe implies its protection, are reimbursed at the expense of the inheritance within its value.

In other words, before the expiration of the six-month period for the heirs to inherit the rights of inheritance, the safe deposit box lease agreement is considered valid, and the lease of the safe during this period is subject to payment by the heirs after they enter into the inheritance rights.

Separately, it should be said about the peculiarities of the access of heirs to the safe, depending on the form of the cell lease agreement, or rather on the special conditions of access, if, together with the deceased tenant, another, two or even more tenants rented the cell.
As you know, tenants can access a safe deposit box when one or more tenants “leave” (“Rent +” agreement) or under the control of the DC (“Expert-Safe” agreement). If, in case of fulfillment of the conditions of the cell lease agreement related to the transfer of ownership of the property, after the departure of some tenants, independent access to the cell is determined for the deceased tenant, then the heir, having entered into the rights and obligations under the agreement, also acquires independent access to the safe. If access is defined for the deceased tenant in the presence of one of the tenants, then the heir will be able to open the cell only in the presence of the specified tenant - with all the ensuing consequences. And the consequences are such that it will be necessary to determine which of the property in the safe belonged to the deceased, and which to the present tenant.

Another thing is access under the control of the RC. The terms of such an agreement determine the receipt by the deceased tenant of a specific valuable package that has its own number. Therefore, the heir, having gained access to the safe, will withdraw only this package under the number. The packages of other tenants will remain untouched.

Thus, the following is important: the rights of the deceased tenant in relation to access to the safe must be clearly defined in the lease of the safe and not be limited by the rights of other tenants.

First of all, it is necessary to resolve the issue of the need to take measures to protect the inherited property located in the bank leased by the testator. Measures for the protection of the inheritance are taken solely for the purpose of protecting the rights of heirs, legatees and other interested parties, if necessary, in order to eliminate the possibility of damage, destruction or theft of hereditary property.

Registration of an inheritance for a safe deposit box in the Center on Paveletskaya

The Inheritance Clearance Center will help you to enter into an inheritance on a safe deposit box. We will provide a full range of services necessary to ensure that you get what you are entitled to by law without any problems: we will consult on the issues of entering into an inheritance on the contents of banking; we will open an inheritance case with a notary; put marks in the will that it has not been changed or canceled (if necessary); we will help in the collection of documents for registration of the inheritance; make the necessary notarial requests; we will obtain from a notary a certificate of the right to inherit by will or by law; if necessary, we will represent the interests of the client in financial institutions and tax accounting authorities.

I would be grateful for advice on this matter. My sister (single) died. There are two heirs - a brother (I) and a sister.

We knew that my sister kept part of the money and jewelry in a safe deposit box (she started renovating the apartment, but here oncology is a disaster).

When examining the documents of the deceased, we saw that the term of the cell lease agreement had expired and, in the absence of payment, the bank has the right to open the cell in 1 month to compensate for its own losses. I arrived at the bank, presented my death certificate, my passport.

Bank cell content inheritance

After the death of the testator, a safe deposit box remained, issued accordingly to the testator.

The mother and father of the testator entered into the inheritance. The lease agreement for a bank cell does not provide for an inventory of the contents of this cell.

The notary does not issue a certificate of inheritance for this property, because.

it is not defined what is there. And he does not want to talk about the fulfillment of his duties about ensuring the safety of hereditary property.

We went to court with a demand to recognize the ownership of the property located in the cell. The judge is young and "floats" in this matter.

He answers the petition for securing the opening of the bank and the inventory of the contents - on what basis the court will open the cell.

Inheritance and wills

Any person can make a will an unlimited number of times, while it must be in writing and certified by a notary or other authorized legal person. A will can be contested if it infringes on the interests of disabled relatives of the deceased.

Such relatives, as a rule, have the right to a mandatory share in the inheritance, which is not canceled by a will.

Inheritance of deposits in banks

Funds from the deposit can be received only after a certificate is issued, which clearly states the right to the inheritance of a certain person. In the absence of such a document as a will, the procedure for inheriting bank deposits will occur in accordance with civil and family law.

This helps to ensure the right approach to solving problems related to inheritance issues.

One of the many services of modern banks is the provision of banking services to customers, which are also known as individual (bank) safes, safe boxes or deposit boxes. However, not many people know that this banking service has an impressive history.

The world's first safe vault was created back in 1865 in New York by Francis Jenks, and it was called the Safe Deposit Company of New York.

Exchange rates in Moscow banks

In order to use a safe deposit box, it is not necessary to be an oligarch with a suitcase of jewelry or the owner of shares in a large corporation. Today, this service is quite accessible to any citizen. Let's figure out what a deposit cell is, what it is intended for, learn about the advantages and disadvantages of using it.

So, a deposit or bank cell is a metal safe with special locks.

Bank cell opening

The lease term has ended, and the client has not taken his valuables from the safe deposit box. After 30-90 days from the end of the lease agreement (depending on the agreement concluded with the bank), the credit institution has the right to open the cell; when entering into inheritance rights. The heir must present to the bank an appropriate certificate drawn up by a notary.

The autopsy takes place with the participation of the heir / heirs, who can pick up the contents of the cell on the same day; if the cell contains valuables prohibited for storage or substances that have a harmful effect.

Inheriting the contents of a bank vault

Investments of an individual bank safe (cell), like any other property, in the event of the death of the tenant of the safe, are the subject of inheritance.

Based on Article 922 of the Civil Code of the Russian Federation, individual bank safes (cells, isolated premises in a bank) can be provided to a client on the basis of two different agreements:

First- this is an agreement for the storage of valuables in a bank using an individual bank safe by the client. According to this agreement, the bank, according to the inventory, accepts the valuables that must be stored in the safe, and exercises control over their placement in the safe and withdrawal from the safe.

Second- this is an agreement for the storage of valuables in a bank with the provision of an individual bank safe to the client. Under such an agreement, the bank provides the client with the opportunity to place and withdraw valuables without control by the bank and without the bank's responsibility for the contents of the safe. In fact, this is a lease agreement, and banks, as a rule, call this kind of agreement.

In all cases when the notary becomes aware that the testator rented safe box, the notary should assign an inventory of the property, since the notary can get access to the safe and its contents only as part of taking measures to protect hereditary property.

The actions of a notary on the inventory of the contents of a bank safe are carried out in accordance with Articles 64-66 of the fundamentals of the legislation of the Russian Federation on notaries.

Since the property stored in a safe is not threatened with destruction or waste, the need for a notary to take such measures to protect hereditary property as transfer to a custodian or trust management can and should be caused only by certain circumstances arising from the nature of the property.

An inventory of the property stored in a safe is made by a notary at the request of the heir or his legal representative, executor of the will, local government body, guardianship and trusteeship body, legatee. Due to the fact that the conditions for the provision of bank services are confidential, the request of these persons for the production of an inventory should be motivated by a real need for this. For the same reasons, an inventory should not be made at the request of other persons (for example, a creditor), but at the initiative of a notary - only if urgent measures are needed and if it is not possible to seek the opinion of interested parties within a reasonable time.

Since in this situation the notary will have to deal with a bank (that is, an organization with a certain and very strict access control, whose activities are very strictly regulated even in small things), at the stage of assigning an inventory, the notary must take some preparatory actions in order to exclude delay or delay descriptions:

· agree with the bank on the time of the inventory, the proposed list of participants in the inventory and invite representatives of the bank to take part in the entire inventory procedure,

· notify the date, time and place of the forthcoming inventory of heirs, in appropriate cases - guardianship authorities and other interested persons, warning them of the need to submit documents proving identity and confirming authority,

· based on possible or expected information about the property stored in the safe, invite relevant specialists to participate in the inventory,

· etc.

When opening the safe and making an inventory, the presence of two witnesses who meet the same requirements as witnesses when drawing up a will (clause 2 of Article 1124) is mandatory, and heirs, the executor of the will, the guardianship authority, representatives of the bank have the right to be present.

The listing document states:

· Date, start time and place of the inventory (name and address of the bank),

· Information about the notary and persons participating in the inventory,

· Surname, name and patronymic and date of death of the testator,

· Number of the cell (safe), date and number of the lease of the safe,

· Describes whether the safe was closed by the beginning of the inventory, and how the cell was opened,

· A detailed description of the property found in the safe,

· Valuation of property by agreement between the heirs, statements by those present that the safe contains property that does not belong to the testator,

· Seizure of certain items of property (for example, weapons for delivery to internal affairs bodies, securities that require management, etc.),

· Transfer of property for storage.

Since the lease agreement for a safe deposit box does not apply to obligations related to the person of the tenant, the bank's obligations do not end with the death of the client. They terminate at the end of the lease term. Thus, depending on the term of the contract, the described contents of the safe at the end of the inventory can be again placed in the same safe box or in another, rented by the custodian or notary.

When inheriting the contents of a safe deposit box, the issuance of a certificate of inheritance, in my opinion, is mandatory. Even if the property is stored by a notary and, due to its characteristics, does not require a title document, but can simply be transferred to an heir by a notary.

In the certificate, all property is described as an inheritance in accordance with the inventory. The actual transfer of property by a notary to the heir is made upon a special application of the heir with the drawing up of an act of transfer.

The article deals with the problems that arise when heirs receive property stored in a safe deposit box, the actions of a notary and a credit institution.

Key words: inheritance law, credit institution, safe deposit box, notary.

In the Russian Federation, inheritance proceedings, in which there was an indication of the contents of a bank cell, appeared around the beginning of the 21st century.

The heirs tried to get the contents of the bank cells, but since the bank cell was not regulated by law, there were legal problems and collisions.

At that time, notaries did not understand what to do, while credit organizations remained inactive and inactive. The courts, in turn, required the parties to provide legal justification for their claims. Relatives wanted to receive indisputable property, which was kept in bank cells. Currently, many researchers believe that the problem is as follows: there is not a single regulatory legal act that would contain detailed instructions regarding the actions of subjects of legal relations when registering inheritance rights to property stored by the owner in bank cells. I would like to consider a situation where, in order to identify the composition of the inheritance at the request of the heirs to the bank, focusing on paragraph 3 of Art. 1171 of the Civil Code of the Russian Federation, the notary sends a request for the submission of the relevant requirements.

In the event that the heir declares that there is property in the safe deposit box as part of the inheritance, the notary sends a letter to the relevant department of the credit institution with a request to restrict access to the deceased’s safe deposit box for all persons until the circle of heirs is determined. In this case, the notary is not able to issue a certificate of the right to the contents of the safe deposit box, because he does not know what specific property is stored in the safe deposit box. In accordance with Art. 1171 of the Civil Code of the Russian Federation, the notary takes measures to protect the inheritance property only during the time that is necessary for the heirs to take possession of m, but not more than six months from the date of opening the inheritance.

Most notaries refer to Art. 68 of the Fundamentals of Legislation on Notaries, which states that the protection of hereditary property continues until the acceptance of the inheritance, and in the event that it is not accepted, until the expiration of the acceptance of the inheritance. When the deadline for accepting the inheritance expires, the opportunity to oblige the notary to take measures to protect the inheritance property that is in the safe box expires.

The notary conducting the inheritance case is waiting for the heir to bring him a document confirming the list of the contents of the bank cell, and the ownership of this property by the testator. In the presence of such documents, notaries draw up a certificate of the right to the contents of the safe deposit box. Some experts note that the lease agreement for a safe deposit box in a bank for notaries is not proof that the contents of such a box belong to the tenant.

Often, notaries require the heirs to go to court with an application to include the contents of the bank cell in the estate. In addition, a notary may send a letter to the bank with a request to make an inventory of hereditary property, but most often in practice, banks refuse to make an inventory. In accordance with the current legislation, the notary has the right to issue a decision to refuse to perform a notarial act.

The basis for this action of a notary is the non-compliance with the requirements of the legislation of the documents submitted for the performance of a notarial action. Considering the situation within the framework of the behavior of Russian banks, it can be noted that, as a rule, notary requests sent by them in accordance with paragraph 3 of Art. 1171 of the Civil Code of the Russian Federation in order to identify the composition of the inheritance, only bank accounts are checked, the presence or absence of which is answered. Acting in pursuance of a notarial order, bank employees do not allow anyone to the safe deposit box, therefore it is impossible to draw up an inventory of property to be included in the estate.

Since, according to paragraph 6 of Art. 1171 of the Civil Code of the Russian Federation, the procedure for inventorying the inheritance is determined by the legislation on notaries, bankers believe that notaries have no reason to entrust such a function to them, therefore bankers can only issue the contents of a safe deposit box to a notary or an heir who has presented a certificate of entitlement to, but in practice notaries do not issue evidence without a list of the contents of the cell and evidence of its belonging to the testator. Studying the materials of civil cases, it can be noted that, as a rule, the courts decide to leave the statement of claim without movement and offer the plaintiff to indicate what specific property was in the cell. However, in judicial practice there are cases when a decision is made to impose an obligation on a bank to open a bank cell and inventory the contents of the property in this cell in the presence of an heir and a notary.

Thus, in accordance with the law, the heir cannot take ownership, since he cannot influence the notary or the bank to draw up an inventory. Judicial and notarial practice shows gaps in the legislation on the inheritance of the contents of bank cells, and courts and notaries are not authorized to make decisions without legal justification.

In view of the foregoing, paragraph 2 of Art. 922 of the Civil Code of the Russian Federation shall be amended as follows: “Under an agreement for the storage of valuables in a bank using an individual bank safe by the client, the bank accepts from the client valuables that must be stored in the safe, carries out an inventory of investments, controls their placement by the client in the safe and withdrawal from the safe and returns them to the client after withdrawal. This version of the article will resolve the issue of the subject describing the property and in the future the heir will be able to obtain a certificate of the right to

1 answer. Moscow Viewed 94 times. Asked 2013-03-31 11:05:28 +0400 in the subject “Inheritance law” Please tell me the wording of the receipt for the keys to the safe deposit box. just need the text itself thank you!

Please tell me the wording of the receipt for the keys to the safe deposit box. just need the text itself thank you.

then 1 answer. Moscow Viewed 163 times. Asked 2013-07-06 15:06:43 +0400 in the topic "Other questions" Purchase and sale! help! - Purchase and sale! help. then 1 answer. Moscow Viewed 35 times. Asked 2013-07-10 10:41:29 +0400 in the topic "Real Estate" Expert assessment of the contents of the safe deposit box - Expert assessment of the contents of the safe deposit box. then 1 answer. Moscow Viewed 90 times. Asked 2012-09-26 11:44:58 +0400 in the topic "Banking" What is a bank cell lease agreement.

Acceptance of an inheritance is carried out by filing at the place of opening of the inheritance to a notary or authorized in accordance with the law to issue certificates of the right to inheritance to an official of the application of the heir to accept the inheritance or the application of the heir to issue a certificate of the right to inheritance.

Thus, it seems that the heir of the client is allowed to the safe deposit box only on the basis of a certificate of the right to inheritance, which must be issued to him by a notary. I, Ivanova Maria Sergeevna, notary

Yekaterinburg, Sverdlovsk region I certify that, on the basis of Article 1145 of the Civil Code of the Russian Federation, the heir of the property of Rudolf Petrovich Vlasov, indicated in this certificate, who died on January 25, 2004, is: his cousin - Nikita Sergeevich Vlasov, born in 1970 (12.06), residing at:

Bank cell opening

The lease term has ended, and the client has not taken his valuables from the safe deposit box.

After 30-90 days from the end of the lease agreement (depending on the agreement concluded with the bank), the credit institution has the right to open the cell; when entering into inheritance rights. The heir must present to the bank an appropriate certificate drawn up by a notary. The autopsy takes place with the participation of the heir / heirs, who can pick up the contents of the cell on the same day; if the cell contains valuables prohibited for storage or substances that have a harmful effect.

It is forbidden to store weapons, narcotic, flammable, highly poisonous, explosive, chemical, radioactive and substances that create strong electromagnetic fields in a bank safe deposit box, as well as property that in any way can affect the safety of the safe deposit box and the depository of the credit institution as a whole.

Bank cell inheritance

Based on Article 922 of the Civil Code of the Russian Federation, individual bank safes (cells, isolated premises in a bank) can be provided to a client on the basis of two different agreements: The first is an agreement for the storage of valuables in a bank using an individual bank safe by the client.

According to this agreement, the bank, according to the inventory, accepts the valuables that must be stored in the safe, and exercises control over their placement in the safe and withdrawal from the safe.

The second is an agreement for the storage of valuables in a bank with the provision of an individual bank safe to the client. Under such an agreement, the bank provides the client with the opportunity to place and withdraw valuables without control by the bank and without the bank's responsibility for the contents of the safe. In fact, this is a lease agreement, and banks, as a rule, call this kind of agreement.

Making an inheritance on the contents of a bank cell.

Registration of an inheritance often becomes a rather complicated and lengthy process.

In order for everything to go without misunderstandings and unnecessary waste of time, financial resources and health, it is worth entrusting such an important and difficult task to specialists. Legal Bureau "Center for Inheritance Registration" provides services of qualified lawyers, including the registration of inheritance.

Our staff will help resolve various disputes and carry out the necessary procedures, including the registration of an inheritance in a safe deposit box.

This is, of course, not about the cell itself, its contents are of interest. Can it be inherited if the owner dies? If there is no key to the cell, can heirs access it? How is the inheritance for the contents of a bank cell processed? The legal bureau "Center for Inheritance Registration" will carry out all the necessary actions at a high level, taking into account all the details and subtleties of each case.

10 questions about bank vaults

With the approach of summer, more and more Ukrainians are thinking about where to put money and various family heirlooms during the holidays.

If earlier the head ached only for these very relics (the money was deposited), today one has to take care of the “shelter” for personal savings.

Given the crisis in the economy, more frequent robberies and distrust of bank deposits, renting an individual bank cell looks like a good option.

It is about bank safes that readers most often ask us lately.

We made a selection of the most interesting questions and asked the bankers to answer them. The introduction of a temporary administration in a bank does not affect the safety of valuables in bank cells and access to them.

Bank cell inheritance

The notary certifies the wills of capable citizens drawn up in accordance with the requirements of the legislation of the Russian Federation and the republics within the Russian Federation and personally submitted by them to the notary.

Customers who keep their savings and other valuables in a bank safe with temporary administration, as before its introduction, are free to put anything in the safe and withdraw its contents at any time.

Certification of wills through representatives is not allowed. The notary in the event of receiving a notice of the revocation of a will, as well as receiving a new will that cancels or changes a previously drawn up will, makes a note about this on the copy of the will kept by the notary and in the register of registration of notarial actions. Notice of cancellation of the will must be notarized.

A notary who has received a message about an opened inheritance is obliged to notify about this those heirs whose place of residence or work is known to him. The notary may also call the heirs by placing a public notice or reporting it in the media.

Bank cell inheritance

First of all, it is necessary to resolve the issue of the need to take measures to protect the inherited property located in a bank cell rented by the testator. Measures for the protection of the inheritance are taken solely for the purpose of protecting the rights of heirs, legatees and other interested parties, if necessary, in order to eliminate the possibility of damage, destruction or theft of hereditary property.

As a rule, banks provide decent conditions for ensuring the safety of property stored in safe deposit boxes, and there is no need for a notary to protect this property. In order to identify the composition of the inheritance and its protection, banks, other credit organizations and other legal entities are obliged, at the request of a notary, to inform him of the information available to these persons about the property that belonged to the testator.

Inheritance and wills

Any person can make a will an unlimited number of times, while it must be in writing and certified by a notary or other authorized legal person.

A will can be contested if it infringes on the interests of disabled relatives of the deceased.

Such relatives, as a rule, have the right to a mandatory share in the inheritance, which is not canceled by a will.

A notarized will can be written both independently by the testator, and recorded from his words by a notary.

Various technical means (typewriter, computer, etc.) may be involved in the writing process. A will, which was written down by a notary according to the testator, must be read personally by the testator before he signs it.