Who can access a deceased person’s bank accounts?

We do not want to discuss death as Africans. Our culture has found a way to consign issues about death to the background. We hardly discuss what could happen to our loved ones after we have died. We do not want to discuss what could happen; not that we do not care, but rather because our culture makes it appear as if it is a taboo or bad omen. It is a tough subject for Christians who even believe in Heaven after death to fully grasp.

But, the single most important truth we must all acknowledge is that death, being part of humanity is inevitable. We may not know when, but it will painfully happen one day. The recent June 3^rd disaster that claimed about 200 lives in Accra, caused by flooding and fire in a fuel station demonstrates the harsh reality of death. Did those beautiful and innocent people know they will never return to their loved ones when they left home on that fateful Wednesday?

Is there one person in your life you trust that knows your estates including your bank accounts? Or, have you documented all your estates (property, bank accounts, investments in shares or mutual funds, insurance, etc) in a way that will make accessibility of these estates easier for loved ones when you are no more? I have decided to focus only on bank accounts for this article.

Let us discuss what happens to someone’s bank accounts when the person is deceased. As someone who works in the banking industry, it is painful to see how relatives of deceased persons who do not know the procedural matters associated with deceased person’s bank accounts and estates are left to wallow in abject ignorance because they did not know what to do. In some cases, the monies left in the bank accounts of these deceased persons when left unclaimed for some years, are returned to the Government’s chest whilst the deceased’s loved ones struggle with their lives.

Each bank has its own procedure on how it deals with a deceased customer’s bank accounts. It is important for the deceased’s relatives, friends or lawyer to notify the bank through letters of administration provided by a competent Court when someone passes away, as the bank will not necessarily be aware of a customer’s death. A bank normally freezes a deceased customer’s private accounts when notified of the death. If a deceased customer had a joint account, the account will usually be transferred into the living account holder’s name.

Who can obtain information about and access to a deceased customer’s bank accounts?

Banks still have a duty of confidentiality to their customer, even after their death. This means banks cannot disclose information about their customers to anyone other than parties who are legally entitled to it. In most cases a bank can only take instruction from the executors or administrators of the estate and is unable to release information to other parties, such as next of kin, family member or estate beneficiaries.

Banks are not mandated to give the status of a deceased person’s financial records to wife, children, parents, Abusuapayin, beneficiaries of a will, etc until the necessary legal clearance documents (letters of administration) are produced. Banks owe their fiduciary responsibility of confidentiality to the courts and the dead. You must do the right thing legally to obtain access to the funds in the deceased person’s bank account.

A bank is only able to take instructions regarding a deceased person’s account from someone who is authorised to act on behalf of the deceased’s estate. The legal process is usually to obtain probate or letters of administration from the High Court. This allows executors or administrators to deal with the deceased’s property. Once probate or letters of administration have been obtained, the executors or administrators should be able to set up a special account called “the Estate of [deceased’s name]”.

The bank will then transfer funds from the deceased customer’s accounts to the estate account and close the deceased’s personal accounts. The estate account is used to distribute/share funds as documented in a will, intestate law or any other certified sharing formula. Once distribution is completed, the estate account is closed.

Dealing with the estate of the deceased

Probate is the legal process of distributing the estate of a deceased person. First you will need to find out whether the person made a valid will. A will explains what should happen to the deceased

person’s estate – their money, property and possessions. It may be held by a bank, solicitor, a safe custody facility, a trusted friend or relative.

If there is no will, the person is said to have died intestate and so different rules apply. For example, in Ghana, the Intestate Succession Law (PNDC Law 111) will be used by the courts to share the estate if the potential beneficiaries apply to the courts through their lawyers.

If there is a will, the deceased will usually have appointed executors to deal with the estate including monies and financial investments held in commercial and investment banks or insurance companies. If no executors were appointed, or there is no will, the court will appoint an administrator.  Executors and administrators are responsible for ensuring that beneficiaries obtain what is due them from a deceased’s estate.

For more information, I advise readers to consult the following regulations in Ghana; Administration of Estates Act, 1961 (Act 63), The Wills Act, 1971 (Act 360), Intestate Succession Act, 1985 (PNDC Law 111), Intestate Succession Amendment law, 1991 (PNDC Law 264), Marriages Ordinance Act, 1951 (Cap 127). Copies of these acts can be obtained from the Assembly Press in Accra, Ghana near the Accra Polytechnic.

Example of Mr. Tawiah and his deceased Sister’s bank accounts

Mr Tawiah wanted information from his deceased sister’s bank about her accounts.  He and his family also wanted an explanation from the bank about why it had allowed insurance premium payments made by standing order to continue from his sister’s account following her death. The bank was not willing to provide this information to Mr Tawiah because he had not been appointed to act on behalf of his sister’s estate.

Mr Tawiah wrote to a daily newspaper and also reported to a radio station on behalf of his family to see whether they could help him get this information from the bank. The media house which knew probate processes referred the matter to a lawyer. The lawyer advised Mr Tawiah that a media house is a wrong place to contact for assistance because the administration of his sister’s estate can only be authorised by a court.  To be able to help him, he needed a waiver of confidentiality from the administrator of the estate or someone appointed to act on behalf of the estate, such as a lawyer.  The relationship between a bank and its customer is confidential. 

Mr. Tawiah followed the lawyer’s advice by engaging the services of a lawyer. The lawyer followed the necessary procedures from the courts and the bank eventually released the necessary information that enabled the family to get access to their late sister’s funds. The Bible says for lack of knowledge, my people perish (Hosea 4:6). To avoid unnecessary delays when you need access to a deceased person’s bank accounts, always engage the services of a family lawyer to handle all probate and letter of administration matters.

Important Definitions

Administrator: A person appointed by the court to handle the estate of a person who died intestate, whose will is invalid, or whose named executors are unwilling or unable to act.

Beneficiary of the Estate: Someone who receives a specific gift or an amount of money from the deceased, as detailed in their will.                    

Estate: All assets, including (but not limited to) money, shares, real estate, vehicles and personal possessions.

Executor: A person or trust company named in the will to administer the estate of the deceased.

Letters of Administration: A document granted by the High Court which appoints administrators of an estate when the person has died intestate or when the will is invalid. 

Intestate: When a person dies without a will.

Probate: A document granted by the High Court which acknowledges the executors of the will as administrators of the deceased’s estate.

Will:  A legally enforceable document which specifies the desired distribution of a person’s property upon their death.

‘Use technology to improve healthcare delivery’

Most Rev. Emmanuel Kofi Fianu, Bishop of Ho, says the use of technology in health delivery should aim at improving quality healthcare to the patient, adding that it was important to look at the relationships between human beings and the use of technology in order to guarantee the patients safety.  

He thanked health workers for their dedicated efforts in serving humanity and reechoed the call on them to always work with compassion and love.

Bishop Fianu, made the remarks, when he recently chaired the opening of the 13^th Annual Conference of National Catholic Health Service at Ho, which was themed: “Patient Safety & Modern Health Technologies”.

While entreating the health facilities to institute routine maintenance regimes to ensure medical equipment work efficiently, the new Bishop of Ho charged health mangers to ensure effective data collection and timely delivery of reports to complement the work of NCHS Directorate.

Most Rev. Joseph Afrifah-Agyekum, Bishop of Koforidua and Bishop Responsible for Health, in a keynote address, urged healthcare providers even in their use of modern health technologies, to always approach their daily work with God.

For any health system to succeed he noted that it was important to discuss the use of modern technologies; open up for transformation, and to be guided by Catholic values in the usage of these modern health technologies in their facilities.

He stressed the importance of maintenance of medical equipment, emphasing that the maintenance of technologies must be the responsibility the whole facilities and not one department alone.  

While entreating the Ghana Health Service to show good fate to avoid duplicity in the allocation of medical equipment, Bishop Afrifah-Agyekum bemoaned the fact that the delayed payment of the National Insurance Scheme rendered by mission facilities, adding that it threatens the survival of these facilities.

The prelate lamented about the some deductions and charges made on the claims due the facilities, without considering inflation, and said this treatment was unacceptable.   

He said the Church was considering alternative actions including legal one to ensure that the National Insurance Authority made prompt payment of claims.

“We will not stop agitating for what is due our facilities,” he said, adding that “what we are demanding is a right and not a privilege.”    

In his address, Mr. George Adjei, Director of the Health Directorate, highlighted the need for the responsible use of Modern Health Technologies to engender patient safety.

To ensure patient safety, Mr. Adjei also reiterated the fact it was duty of health professional to continuously educate patients to appropriately use health technologies to better improve upon their health.

The Director, commending the warm collaboration between the NCHS and the Ghana Health Service at the national and regional level, entreated facilities to keep monitoring Ebola cases and report suspected cases at the designated places.      

Mr. Peter Yeboah, Executive Secretary of the Christian Health Association of Ghana (CHAG), noted that the recent spate in legal suits and claims against CHAG Hospitals for cases of malpractice, medication and surgical errors, treatment delays and a host of adverse events highlights to need to situate patient safety at the centre of healthcare provision.

He stated that the adoption of Modern Health Technologies could potentially improve access to healthcare, improve patient safety and ultimately enhance clinical outcomes and cost effectiveness, and pledged CHAG’s support to the NCHS in improve quality healthcare delivery.

Touching on National Health Insurance Authority’s scaling up on capitation payment, which Mr. Yeboah said offers potential challenges and opportunities for CHAG facilities to further consolidate, deepen its Christian values of love, charity, compassion and quality healthcare.

At a Mass to kick-start the three-day Annual Conference, prayers were said for 26 departed workers from various NHCS Facilities across the country, meanwhile four distinguished health workers including Rev. Msgr. Cletus Frank Egbi, Executive Secretary of Health for the Ho Diocese, were awarded for their long outstanding and dedicated service in their respective facilities.

Mgsr. Egbi, on behalf of the awardees thanked the Health Directorate for the honour and present given them.

“I thought I was only working without being seen; I thought I was just helping in a small way to improve upon the health of the people,” he said after the awards was handed over to him and thanked all his collaborators and workers in the health facilities for their support.

He however noted that anybody could achieve big results, if we could do our little bit and see our work as a call to serve, instead of just seeing it as a profession.

“Do the little you can do, keep doing what you are called to do and do it sincerely and God will bless you,” he stated.  

Earlier in a welcome, he stressed that the use of technology should seek to improve life and not endanger it, adding that man cannot be to a slave to technology.

At the Conference health experts took participants, topics including The Human Factor in Health Technologies; Current and Future Outlook for Health Technologies; Practical Issues in Health Aided Technologies-A Pathologist’s Perspective and Self-Administered Health Technologies-Role of Health Worker.    

Centre of Hope climaxes Silver Jubilee

The Centre of Hope, a Catholic Non-Governmental Organisation under the auspices of the Catholic Archdiocese of Accra, climaxed its Silver Jubilee at the Holy Family Parish, Mataheko, with an appeal to the faithful to continue supporting the work of the Centre.

Most Rev. Charles G. Palmer-Buckle, Metropolitan Archbishop of Accra, who presided over the Mass, entreated Christians to continue to give their little support to the Centre to enable it cater for the destitute, aged and the sick.

He said like the little boy in the Gospel passage of St. John 6: 9, who gave five barley loaves and two fish that Jesus Christ blessed to feed 5,000 men, Christians were also being urged to offer their little to the needy and leave the miracle to God.

The Archbishop also advised the aged and the needy not to be despondent but trust in God’s providence to provide their needs, urging them to cry in faith to the Lord who listens to the cries of the poor.

He observed that the tendency for the needy to always think of stomachs, have resulted in a lot of the aged and the needy to complain, but urged them to be thankful to God and pray for their children who might have forgotten and neglected them. 

The year-long Anniversary which was launched at the same Parish in February was on the theme: ‘Twenty-Five Years of Inspiring Hope Through Charity’.

The Archbishop who commended the foresight of Most Rev. Dominic K. Andoh of blessed memory for establishing the Centre as well as the numerous benefactors of the Centre of the years.

He acknowledged the tremendous efforts of the Franciscan Missionaries of Mary, managers of the Centre for their efforts over the past two and half decades, and urged the parishioners to encourage their daughters to join the religious vocation like the sisters to work in apostolates such as caring for the poor.   

Among some of the activities organized to mark the anniversary included Visitation to the Catholic Media Organisations, Visitation to some Parishes and Rectorates in the Archdiocese, Anniversary Lecture as well as a day with beneficiaries and benefactors, and  Awards Nights slated for December 12, 2015.

Present at the Mass was Sr. Benedicta Amiziah, FMM, Provincial Superior, Ghana-Liberia Province of the Franciscan Missionaries of Mary, the FMM Sisters, the Board of the Centre, and collaborators of the Centre.

The benefactors and beneficiaries of the Centre were also represented.

Archbishop Palmer-Buckle later at a reception held at the Centre for benefactors, beneficiaries and Board of Members of the Centre, FMM Sisters as well as invited guest, explained the efforts and the various projects the Archdiocese was running to serve the urban poor and offer them support.  

The Centre was established in 1990 by then Bishop of the Accra Diocese, Most Rev. Dominic Andoh to cater for the destitute, marginalized people with disability, the sick and invalid and poor and needy children in the City.

With a mission to render selfless services through charity and make God’s love a reality in the lives of the poor and needy, the Centre has over the years been a haven for many and impacted positively in their lives.   

St. Charles Choir dedicates new robes

Choristers of the St. Charles Borromeo Catholic Church at Oyibi, in the Accra Archdiocese were elated with the dedication of their new Choir robes at a recent ceremony at the Church.

The Choir under the baton of Mr. Emmanuel Xorlava Mawuena, Choir Master performed various soul inspiring anthems and rich medleys of choral songs at a four-hour programme witnessed by many faithful.

Guest Choirs at the function were the St. Agnes Choir, Dodowa, St. Peter’s Choir, Ayikuma and the Apostle Revelation Church Choir from Madina.

Fr. Lawrence Agyapong, Assistant Priest at St. Agnes Rectorate at Dodowa, who dedicated the robes, highlighted the relevance of singing ministry in the Church, and entreated the choristers to dedicate themselves and committed to sing to glorify God.    

Narrating the history of the Choir, Mr. Jeremiah Tembendann, Choir President, said though St. Charles Borromeo Catholic Church started on March 18^th 2007, with the first Mass being said by Rev. Fr. Charles Ackon, then Priest-in-charge of St. Agnes Church, Dodowa, it was in October 2007, that the Choir started by singing familiar tunes and hymns.

He noted that the efforts of two Nigerian Artisans, Dennis Osiegwe and William Uche Ogbuinya, who first attended Mass in October, changed the tempo of the music at Mass. Thus under the leadership of Unche, the Choir held regular rehearsal, which help improved on their singing at Mass.

However, when Uche and Dennis left in January 2008, the Choir was orphaned but when Jeremiah Tembendann joined the community in April 2008, he together with Mr. Sitsofe Gbeza, the former Choir master of the St. Peter Catholic Church at Ayikuma, occasionally supported the Choir learn new songs.

“In December 2011, Mr. Bonney from Queen of Peace Parish, Madina, as official Choir Master, handled the Choir until January 2014, when for personal reasons he had to excuse himself. Thus, Mr. Emmanuel Xorlava Mawuena was appointed succeeded to as the Choir Master” he added.

The Choir President thanked God for his graces and mercies that sustained the Choir to date, and thanked the patrons, and all benefactors of the Choir for their support.

In a remark, Mr. Joseph Amuna, Chairman for the function, said the dedication of the Choir robes was a historic and significant event in the annals of the Church, adding that like new clothes sewn and worn with pride, the ceremony was proper.

He said God created music for man to use for the right purpose, which has a significant place in our worship of God, noting that music motivates us in trying times, fuels the mind and is a powerful tool that elicits an emotional response from people listening to it.

The Chairman, who also doubles as Choir Patron, commended the Choir for their efforts over the years to enliven the Liturgical celebrations at the Church.

Earlier, Mr. Richard Botsoe, Vice President of the Choir in a welcome address, noted that the important role of music in the lives of people, adding that “good music does not only inspire but also has therapeutic abilities that heal us of the many troubles of this life”.

He said the role of the Choir and good singing in liturgical celebrations was vital, since it helps to animate the faith of individuals, and enlivens the people’s worship to God Almighty.

 

*Fr. Agyapong blessing the Robes with the Choir members looking on.

*Fr. Agyapong with the Choristers 

Ghanaian Catholics hail Pope as divorce becomes easy

A section of Catho­lics in Ghana have hailed Pope Francis’s move to streamline procedures for annulling mar­riages. In various interviews, they described the move as relevant, timely and helpful to further strengthen the family apostolate.
Leading the way is Naomi Nunoamesi, Secretary to the National Catholic Laity Coun­cil, who believes that said the Pontiff’s decision is a step in the right direction and would help to address countless instances of breakdown of marriages.
She was quick to point out, however, that the reform “does not in any way favour annulments but will only support the speed­ing up of the procedures for those who require prompt attention to officially resign and begin a more fruitful journey with another person.”
She was reacting to the Pon­tiff’s authorization on Tuesday, 8th September 2015, of major overhaul of the Church’s system for granting annulments.
According to the Vatican, the changes are designed to stream­line the process of annulling marriages out of “concern for the salvation of souls,” while main­taining Catholicism’s traditional ban on divorce.
Welcoming the alteration, Robert Dela Mawunyega, a youth of the St. Ann Parish at Teshie in Accra, observed that the changes show that the Catholic Church is dynamic and ready to reform.
He argued that the move would bring a breather to parties suf­fering and frustrated in pursuing annulment, but urged the church to look out for those who might abuse the process.
Speed of the process
In Tuesday’s decision, Pope Francis noted that in tune with the desire of the bishops, he has decided to issue provisions “that favour not marriage annulments, but the speed of the processes” af­ter last October’s (2014) Synod of Bishops on the family requested a simplification of the process.
According to zenit.org, the documents signed by the Pontiff on August 15, 2015 contains changes presented in two forms: Motu proprio: “Mitis Iudex Do­minus Iesus” (The Gentle Judge, The Lord Jesus) for the Latin Church and “Mitis et misericors Iesus” (The Meek and Merciful Jesus) for the faithful that belong to one of the 23 Eastern Churches in full communion with Rome that historically have had a dif­ferent process with regard to the processes.
An “annulment” means a find­ing by a Church court that a union between a man and a woman, even if it was ratified with a Church wedding, was not a real marriage, because it did not meet one of the traditional tests for va­lidity, such as informed consent.
Catholics under the rules, whose relationships break down and who wish to marry someone else in the Church must first obtain an annulment.
Describing his reform as “no less than a just simplicity,” the Pontiff says his aim was that “the heart of the faithful await­ing clarification (of their marital status) is not long oppressed by the darkness of doubt.”
Don’t come to Rome
Under the approved changes by the Pope, the process will now need only one sentence, unless an appeal is made. In the instance of an appeal, the Pontiff also ruled that it can be handled by the nearest archdiocese, techni­cally known as the “metropolitan see,” rather than having to come to Rome.
Prior to this point, the system required annulments to be issued by one court and confirmed by another, a stipulation that critics blamed for unnecessary delays, especially in cases in which no one contested the results.
The pontiff decreed that the annulment process will be free of charge, and that every diocese in the world has the responsibil­ity of naming a judge or a church tribunal to process requests, with the possibility of the bishops act­ing as judges.
Other changes by Pope Francis for the Latin Church include the provision that under certain circumstances, each bishop can himself serve as the judge.
In case of the annulment being “evident,” there will be an even shorter process, with the local bishops’ conferences being urged to help individual bishops through the reform process, and guaran­tee, save for the “just and decent remuneration of workers of the courts,” that the process be free of charge.
An Appeal of a sentence, in case it is required, can be dealt with locally (on the level of the nearest archdiocese), instead of taking it to the Vatican, whereas a second appeal can be made to the Apostolic See, or the Vatican.
The Pontiff with these decrees for the Latin rite churches effec­tively updates and changes canons 1679-1691 in the church’s Code of Canon Law. The pope also at­tached 20 new “procedural rules” for bishops dealing with annul­ment cases, saying he wanted to offer them as “other instruments” for tools in their work on those matters. The changes will how­ever take effect from December 8, 2015, the first day of the Holy Year of Mercy.
Speaking with Weekend Sun, Mr. Ofori Sarpong, a mar­riage Counselor at the St. Mark Catholic Church at Ashongman in Accra, commented that the changes were a good step in the right direction, and would hasten the process for those seeking annulment, but noted that the Church’s law on divorce remains unchanged.
Similarly, Madam Agnes Gan­daa, a parishioner of the Saints Peter & Paul Parish in Tamale, also expressed delight about the new changes, describing them as relevant, timely and helpful to people wishing to seek annul­ment.
She stated that the new decrees which empower the local church’s tribunal, gives it the confidence to adjudicate on annulment cases in an easier and faster manner, there­by ensuring people’s concerns and anxiety were addressed timely.
Remarking that the Pontiff’s move was not a deviation of the Biblical position of indissolubil­ity of marriage unions, Madam Gandaa disagreed that the changes were a license for couples to an­nul their marriages when faced with challenges.
The changes, according to her, will rather motivate and strength­en marriages and families, since the couples will fully be aware of the implications of marriage vows before venturing into it.
Nunoamesi posits that delegat­ing powers to bishops to oversee the process, which will restore relationships while reconciling people with Christ in the Holy Eucharist, was a great idea.
“Marriage in the Catholic Church is sacred and remains a sacramental union instituted by Christ between a man and a woman upon their informed con­sent for various purposes.”

THE SUN | kwesi yirenkyi BOATENG