Question 3209 — banks and financial institutions

Summary

Mr. Guillaume Vuilletet draws the attention of the Minister of the Economy and Finance to the high, even abusive, nature of the rates charged by banking establishments on application fees linked to inheritances, a common but questionable practice. Indeed, the banking system imposes fees of between 0.80% and 1.20% on the deceased's account balance, with a minimum and maximum amount varying between 70 and 300 euros depending on each bank. This is in defiance of article 1169 of the civil code which stipulates “that a contract for onerous title is void when, at the time of its formation, the consideration agreed for the benefit of the person who commits is illusory or derisory”. For example, the father of a resident of his constituency, who died in June 2017, had his bank account in a French banking establishment. The son of the deceased took legal action in the local area because the bank, had charged processing fees of around 150 euros justified by the “death of a parent”. The judge ordered the accused bank to reimburse him 150 euros for fees unduly deducted as well as 350 euros for damages, “for all costs” linked to the hearing. Although it is indicated in the general conditions of sale, this practice, which amounts to taking advantage of a situation of mourning and imposing relatives of the deceased concerned about his death, seems humanly and financially doubtful. He asks him if his ministry intends to take steps to prohibit banking establishments from such practices.

Machine translation from French. The official text remains authoritative.

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