Subsection 2: Relations between credit institutions and their customers

The person entitled to provide for the funeral of the deceased may obtain, on presentation of the funeral invoice, the debit from the deceased's payment accounts, within the limit of the credit balance of these accounts, of the sums required to pay all or part of the funeral expenses, from the banks holding the said accounts, within the limit of an amount set by order of the minister responsible for the economy.

Subject to providing proof of his or her status as heir, any successor in the direct line may :

1° Obtain, on presentation of invoices, the funeral order form or tax notices, the debit from the deceased's payment accounts, within the limit of the credit balances of these accounts, of the sums necessary for payment of all or part of the conservatory acts, within the meaning of 1° of article 784 of the Civil Code, from the credit institutions holding the said accounts, within the limit of an amount set by order of the Minister responsible for the economy;

2° Obtain the closure of the deceased's accounts and the payment of the sums contained therein, if the total amount of the sums held by the institution is less than an amount set by order of the Minister for the Economy.

For the application of 1° and 2°, the heir must provide proof of his status as heir to the credit institution holding the said accounts, either by producing a deed of notoriety, or by producing a certificate signed by all the heirs, in which they certify :

a) That there is no will or other heirs of the deceased ;

b) That there is no marriage contract;

c) That they authorise the bearer of the document to collect on their behalf the sums held in the deceased's accounts or to close these accounts;

d) there are no legal proceedings or disputes pending concerning the status of heir or the composition of the estate.

For the purposes of this 2°, the certificate referred to in the fifth paragraph must also state that the estate does not include any real estate.

When the heir produces the certificate referred to in the fifth paragraph, he must provide the credit institution holding the accounts with :

- their birth certificate ;

- an extract from the deceased's birth certificate and a full copy of his death certificate;

- where applicable, an extract from the deceased's marriage certificate;

- birth certificates for each beneficiary named in the above certificate;

- a certificate stating that no last wishes have been recorded.