1. The subject of the dispute is the recovery of funds under bank deposit agreements concluded between the deceased depositor and the bank.
2. The court of cassation reviewed the case due to the existence of different approaches in the practice of the Supreme Court regarding the inheritance of the right to a bank deposit, in particular, when the depositor made an order to the bank in case of death in favor of one person, and the heir by law is another person. The court noted that the right to the deposit is included in the composition of the inheritance, regardless of the method of распоряження (disposition) of it, and in order to receive the deposit, the person in whose favor the order was made must accept the inheritance. If such person did not accept the inheritance, the right to the deposit passes to the heirs by will or by law who accepted the inheritance. In this case, the courts of previous instances mistakenly believed that the existence of a bank order in favor of the son of the deceased depositor is a basis for rejecting the claim to the daughter, who is the heir by law and accepted the inheritance, since the son did not accept the inheritance.
3. The court overturned the decisions of the courts of previous instances and sent the case for a new trial to the court of first instance.
The court deviated from the conclusion regarding the application of Article 1228 of the Civil Code of Ukraine, stated in the decision of the Supreme Court of September 25, 2019 in case No. 201/14367/15-ц, where the cassation court considered the person in whose favor the testator made a testamentary order to the bank to be the legal successor of the plaintiff, regardless of the fact of acceptance of the inheritance.
