Our reporter Zhou Chang and Wu Huijun
Not long ago, Liu Chang (pseudonym), who lives in Beijing, took leave and returned to Hefei, Anhui to deal with inheritance matters such as his mother's deposits, but the process was not smooth.
The notary office asked Liu Chang to provide relevant legal documents to prove that her grandfather and grandmother had passed away, but she could not prove that "grandpa and grandmother are her own grandpa and grandmother" and could not provide tombstone photos to follow simple procedures, so she had to leave first.
The bank asked Liu Chang to return to the police station where his mother's household registration was located and issue a certificate to the bank to check his assets.
In the end, it took Liu Chang a day to only obtain proof of his mother’s assets in a bank.
Inheritance is "multiple barriers"
Since the first order of legal inheritance is spouse, children, and parents, that is, they all have the right of inheritance. When going through the inheritance formalities, the above-mentioned personnel must be present or provide a certificate of abandoning inheritance.
The staff of the notary office stated that Liu Chang, as the only child, could not handle the notarization of inheritance on behalf of his grandfather, grandmother, and father.
Liu Chang said that his grandfather and grandmother had already passed away, and his father was in his 70s with limited mobility and was unable to come by himself.
Therefore, the notary office proposed that if Liu Chang wants to handle it, he needs to provide the death certificate of his grandfather and grandmother, and the notarization that the spouse of the deceased was unable to be present to give up the right to inheritance and other related documents.
Before providing these certificates, Liu Chang must first prove that "grandpa and grandma are his own grandpa and grandma."
Hearing this, she was very embarrassed because her mother and her grandpa and grandma were no longer in the same household register after marriage, and she did not have the death certificate of her grandpa and grandma, and she was unable to provide relevant legal evidence.
As a result, the staff of the notary office proposed to either go to the community neighborhood committee to provide a certificate, or "go to the unit where the deceased's file is located to inquire about the file information to prove the identity of the parent."
If it still doesn't work, get a photo taken in front of the grave of your grandpa and grandma, and provide a "tombstone photo" for a simple procedure.
Liu Chang was unable to provide the above proofs immediately, and due to local customs, there is currently no monument in front of her grandpa and grandma's grave. After repeated communication to no avail, she could only leave.
Facing public doubts, Chen Mo, director of the Consumer Insurance Division of the Anhui Supervision Bureau of the China Banking and Insurance Regulatory Commission, said that for the purpose of protecting deposit safety and protecting the interests of deceased depositors and all heirs, banks should try their best to provide convenience to the people. Adequate risk control measures must be taken to seek an appropriate balance between inheritance convenience and deposit security to prevent moral hazard and fraud risks.
The notary office stated that when the legal death certificate and kinship certificate cannot be provided, it is required to provide tombstone photos to support the death facts and kinship. This is a recognized convenience in the industry. This is relatively simple for the parties involved. Further reduce the burden of proof for parties.
In this regard, Liu Chang said that she did not criticize the work process of the notary office, but also understood the bank’s practice of considering the safety of funds. She was just a citizen who had taken a leave of absence and returned to his hometown to do business. Various procedures were time-consuming and various certifications were required. Annoyed, let it feel weak.
"Data runs off the road" frequently encounters "blockers"
The reporter combed and found that Liu Chang’s experience was not a case. The media had reported too many cases before, such as asking an elderly person in his seventies to issue a "death certificate" for his grandparents who had passed away for nearly a hundred years; The balance of the housing provident fund of the father who died of illness; it took many years to get the inheritance...
With the advent of an aging society, there are many inheritance issues that need to be dealt with.
Why is the inheritance management so complicated? According to industry analysts, there are mainly the following points:
First, the data between departments has not been fully shared, and the old information has not kept up with the new data era.
For example, in inheritance, even if the child shows the household register and other information, it can only prove that he is one of the heirs of the deceased, and the existence of other children cannot be ruled out.
According to regulations, it is necessary to consult various information such as spouse, children, parents and so on.
Insiders in the notarization industry admitted that since the data between departments has not yet been fully opened up and shared, in order to protect the legitimate rights and interests of all heirs, they can only be corroborated by legal documents and related materials.
In addition, information related to ancestors was mostly stored in paper materials in the past. It is not uncommon to have missing information and no Internet access. This has led to situations that are difficult to prove through ID cards and household registration books.
Second, the social credit system is not perfect, and property security still needs to be certified.
"When handling small-value inheritance and inquiring about the deposits of deceased depositors, in accordance with regulatory requirements, the heirs are required to provide documents that can show their kinship. In some cases, the heirs are unable to provide the above documents and cannot obtain certification materials from relevant departments. , The bank does not have the ability to distinguish kinship, business will encounter difficulties." Chen Mo said frankly.
Third, there is still a gap between the extended services of banks and notary institutions and the needs of the people.
"You can't talk about the law in the light of the law. The law must solve the actual problems of the people. As long as the appeal is reasonable and reasonable, you should consider how to solve the problem when the people are helpless. You can't just say that it can't be done." Anhui Provincial Notary Association, Hefei Huiyuan Said Sun Xiaolong, director of the notary office.
Chen acquiesced that the inheritance situation faced by some people is relatively complicated, and they do not know enough about the policy to fully understand the complexity of the handling process.
The asymmetry of information on financial policies and services between the masses, banks and notary agencies has affected the masses’ sense of gain to a certain extent.
How long will it take to "win-win" convenience and safety
A few years ago, a woman in Futian Village, Futian District, Shenzhen tragically passed away. The family of the woman encountered difficulties when she wanted to withdraw her inheritance.
Banks, notary offices and other departments required multiple certificates for the death, unmarried, and non-birth of women, and listed a list. However, some certificates were told that they could not be issued at all.
In the era of big data, how to achieve safe and convenient services for the people to the greatest extent possible for government affairs and institutional services is a must-answer question for grassroots governance.
Sun Xiaolong believes that the reform of decentralization, regulation and service requires efforts from both the supply side and the demand side. The information sharing mechanism is the top priority. The competent government departments must play a role to reduce the obstruction of information, break the "data islands" as soon as possible, and realize the whole country. Intercommunication and sharing of functional department data.
After the death of an old man in Lianhua District, Xi'an, Shaanxi Province, he left a bank card with a deposit of 600 yuan for his surviving wife Quan in his seventies.
Quan Mou tossed around to no avail, and finally came to the notary office in Lianhu District.
The notary provided him with the notarization of the right of inheritance for free, and the notarization was issued as soon as possible.
Although 600 yuan is a small sum, it is the last thought between the husband and wife. The practice of the notary office has won praise from the society.
Chen Mo said that in some special and complex situations, the awareness of service should be improved, and under the premise of obtaining the understanding of the relevant inheritors, properly assisting in the inheritance work.