Oschadbank refuses to return a Kyiv resident's bank deposit and the interest accrued after his father's death - what the court decided.

After his father's passing, a man received a certificate of inheritance rights according to the will and became the owner of 5/12 of partially inherited property valued at 8,800 hryvnias. However, Oschadbank refuses to pay the inherited funds. This is stated in the decision of the Pechersk District Court of Kyiv, published on August 14, 2023.

Following the man's death, his son inherited 5/12 shares of the deceased's monetary contributions along with the corresponding interest. On May 5, 2021, he obtained a certificate of inheritance rights according to the will and became the owner of 5/12 of partially inherited property amounting to 8,800 hryvnias. Nevertheless, Oschadbank refuses to pay the inherited funds.

"The plaintiff sent only written requests to JSC ‘Oschadbank’ to transfer part of the deposit without providing a properly certified copy of the certificate of inheritance rights and without going through the identification of the applicant, which made it impossible to conduct financial operations involving the plaintiff, whose rights were not violated by the bank in any way. The demand for the recovery of part of the monetary deposit from the bank is unfounded, as JSC ‘Oschadbank’ is not the acquirer of these funds but merely performs the function of servicing the client's bank account. The plaintiff's reference to the bank's obligation to compensate for the damages is not supported by evidence of the existence of all elements of the offense, which excludes the occurrence of civil liability for JSC ‘Oschadbank,’" - stated representatives from Oschadbank.

What was the court's decision?

The court granted the man's claim. The amounts of the monetary deposits totaling 8,800 hryvnias, along with interest accrued from September 5, 2020, to June 27, 2023, amounting to 3,162 hryvnias, will be recovered from the Public Joint Stock Company ‘State Savings Bank of Ukraine’ in his favor, totaling 11,963 hryvnias.

"On January 14, 2013, a contract No. 16055 was concluded between JSC ‘Oschadbank’ and the plaintiff's father for the opening and servicing of an account and the issuance of a payment card, establishing a current account for the latter. On May 10, 2019, a contract No. 19460924624 was concluded between the parties for the deposit ‘My Pension Deposit’ for the amount of 20,000 hryvnias, with a term of 3 months, and the deposit return date set for August 12, 2019, with an interest rate of 13.50% per annum. On May 10, 2019, an application for joining No. 446969524/100519 to the contract for comprehensive banking services for individuals and opening a current account using electronic payment means (payment card) was signed. Based on the above, the court concluded that a bank deposit agreement was established between the parties. Thus, the bank is obliged to pay the depositor the deposit and the interest on the deposit under the terms and conditions set forth in the bank deposit agreement," - emphasized the court.