The court ruled that the accounts of the woman's deceased father at Oschadbank do not contain deposit funds amounting to $50,000.

The woman accepted the inheritance following her father's death. For reasons unknown to her, the deposit funds were not included in the estate of the deceased, and based on information received during correspondence with JSC "Oschadbank", the deposit amounting to 50 thousand dollars is not present in the deceased's accounts. She requested to recover from the financial institution the interest from the bank deposit agreement of 4,749 dollars, 3% annual interest of 2,689 dollars, and inflation losses of 6,920 dollars. This is stated in the decision of the Pechersk District Court of Kyiv, published on September 20, 2024.

The man (the woman's deceased father) and PJSC "State Savings Bank of Ukraine" entered into a deposit agreement titled "Trust" in the name of an individual. Additionally, on November 9, 2015, he and PJSC "State Savings Bank of Ukraine" signed an agreement to open a current account (USD) in foreign currency for the individual and its cash servicing. To fulfill the terms of the agreement, the citizen deposited funds into the deposit account totaling 50 thousand dollars, with a repayment term of November 9, 2016. For reasons unknown to her, the deposit funds did not become part of the deceased's estate, and based on information obtained in correspondence with JSC "Oschadbank", the deposit amount of 50 thousand dollars is absent from the deceased's accounts. She requested to recover from Oschadbank the interest from the bank deposit agreement amounting to 4,749 dollars, 3% annual interest of 2,689 dollars, and inflation losses of 6,920 dollars.

"To fulfill the agreement dated November 9, 2015, the client deposited 50 thousand dollars (the deposit amount). Consequently, according to the agreement from November 9, 2015, the 'Trust' deposit in the name of the individual was placed for 12 months from November 9, 2015, to November 9, 2016. According to the terms of the contract, the agreement was automatically extended for one period starting from November 9, 2016. After the contract ended on November 10, 2017, the deposit amount was returned to the current account. In accordance with the terms of the contract, interest was accrued from November 10, 2015, to November 9, 2017, as confirmed by the account statement. The bank paid out interest in compliance with tax legislation. On November 10, 2017, the bank fulfilled the terms of the contract by returning the deposit via crediting to the client's account, which is confirmed by the account statement. The bank fully complied with the terms of the agreement dated November 9, 2015, for the 'Trust' deposit in the name of the individual. Given the absence of any violations of obligations by the bank, the plaintiff's claims for recovering 4,749 dollars in interest from JSC 'Oschadbank' are deemed illegal and unfounded, and thus there are no legal grounds for their satisfaction. Furthermore, on January 2, 2024, the plaintiff received funds in accordance with the certificate of inheritance rights amounting to 50 thousand dollars, as the deposit amount, and 5,823 dollars - accrued interest," - stated Oschadbank.

What did the court decide?

The court denied the woman's claim. She was paid the funds according to the certificate of inheritance rights, consisting of the deposit amount of 50 thousand dollars and 5,823 dollars – accrued interest.

"The plaintiff is an heir according to the certificate of inheritance rights dated December 22, 2023. The inheritance consists of a cash deposit without accounting for the corresponding interest, which will be accrued according to the agreement and paid at the time of receiving funds held in the account at the joint-stock company 'State Savings Bank of Ukraine': (account opened on November 9, 2015) the balance amount as of November 24, 2023, is 55,823 dollars. As seen from the case materials, on January 2, 2024, she was paid the funds according to the certificate of inheritance rights, consisting of the deposit amount of 50 thousand dollars and 5,823 dollars - accrued interest; therefore, the plaintiff's claims for recovering interest from the deposit agreement cannot be satisfied. The court, evaluating the relevance, admissibility, credibility, and sufficiency of each piece of evidence individually, as well as the sufficiency and interrelationship of them in their totality, based on its internal conviction grounded on a comprehensive, complete, objective, and direct examination of the available evidence in the case, concludes that the claim should be denied," - emphasized the court.