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 Fixed Deposit Rates in Malaysia V5

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Sitting Duck
post Feb 3 2014, 11:34 AM

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Hi Guys,

Appreciate some help on this question.

For joint FD or joint saving account with 2 names and with condition that either 1 can withdraw the money. However, if one of the account holder pass away unexpectedly, would the account be frozen until a court order is release, or can the other account holder still be able to withdraw or close the account after the other account holder passed away?

Thanks.
Sitting Duck
post Feb 3 2014, 11:51 AM

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QUOTE(bbgoat @ Feb 3 2014, 11:42 AM)
This involve some legal issues. By right, the acct should be frozen upon the death of one of the acct holder. But, some people may do it other ways.  hmm.gif
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I have asked around and none can tell me the actual reason. Just wonder if 1 tries to take out the money, would this person be stopped by the bank or would the bank take legal action to get back the money if bank found out that the other account holder has passed away.

May have to go to bank and ask the bank officer but worried different bank officer might give different answers. Wonder any one here has any experience in this kind of situation.
Sitting Duck
post Feb 3 2014, 12:59 PM

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QUOTE(plumberly @ Feb 3 2014, 12:18 PM)
Sharing some points from my recent event.

If the deceased did not have a will, then you need to get an administrator (with docs like death certificate, property/asset docs, family agreement to appoint this administrator etc). Check with govt dept on how to do this.

Once the administrator is approved, then he/she can process the assets etc.

Cheerio.
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Thanks. But getting the legal process and documents sorted out might take at least 6 to 12 months if there's a will. No will take even longer.

So I guess the best thing is still better to withdraw when both account holders are still alive.
Sitting Duck
post Feb 3 2014, 12:59 PM

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QUOTE(magika @ Feb 3 2014, 12:12 PM)
I have voiced my concern with OCBC before its a survival clause thingy.
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Survival clause thingy? Mind to explain more?
Sitting Duck
post Feb 3 2014, 02:21 PM

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QUOTE(bbgoat @ Feb 3 2014, 01:58 PM)
OK, just found the below on survival clause:

http://www.laweddie.com/wordpress/lawyers-...nt-in-malaysia/

You can search Google and get more info.
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Thanks. This helps a lot. Would have to read it carefully and check with the banks about this survival clause.
Sitting Duck
post Feb 4 2014, 11:26 PM

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QUOTE(aeiou228 @ Feb 3 2014, 06:16 PM)
The account will be frozen if someone make known the death to the bank.
If the withdrawal condition is either one to sign, the other joint account holder can still withdraw if no one inform the death to the bank and the account still remain active.
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QUOTE(nomen @ Feb 4 2014, 03:01 AM)
Last year I emailed to May Bank to make an enquiry regarding joint account with either one to sign. My question was, in the event of the demise of one of the account holder, will the remaining joint account holder be able to withdraw the money from the bank account, and subsequently I got the following reply from them.

For accounts with balance exceeding RM 5,000.00,Letter of Administration (LA)  or Grant of Probate (GP) must be produced for withdrawal of funds from a deceased account.

In an event of demise of a joint account holder, the remaining joint account holder may either close the account or continue to operate the same. A Letter of Indemnity (LI) from the remaining joint accountholder is required.

However, if estate of the deceased joint account holder is duly represented, e.g, by Grant of Probate or Letters of Administration and comes forward to claim the deceased’s share of the monies in the joint account,  the Bank can allow at least ½ share of the monies to be released to the representative.  Nonetheles, this is only allowed prior to the release of all the monies in the account by the Bank to the surviving joint account holder  premised  on  the principle of survivorship.


I hope this could help shed some light regarding your question.
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Many thanks to those that have answered my question. Lots of technical terms like LA/GP/LI but I'll try to find out more from banks.

So far I've visitted HSBC, Hong Leong and Bank Rakyat:

HSBC - no problem at all for surviving account holder to withdraw money or close the joint FD/Savings A/C.

Bank Raykat - Same as HSBC, infact when you sign the FD contract, there's a term that states that the money goes to the other account holder in the event if one of the account holder is no longer around. So pretty sure no issue with this bank.

HLB - Legally the account should be frozen but if the death is not made known to the bank, the money can still be withdrawn and joint accounts can be closed (I think the bank just close 1 eye).

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