Access to CU Nomination Form

[Grendel]

hi there, looking for some advice here...My father passed away this year and left all his CU money to another member of the family.

My brother is not happy with this decision and requested access to my deceased father's CU Nomination Form to check the details and signatures. The CU branch sent this form out to him a few weeks ago

Can you please confirm if he should have been allowed to access this form from the Credit Union branch? I would have thought this was not legal.

He is currently the executor of the will/estate and I know that he can access all bank statements, but I wanted to check that he can also get access to original contractual documents such as the nomination form?

 

[24601]

hi there, looking for some advice here...My father passed away this year and left all his CU money to another member of the family.

My brother is not happy with this decision and requested access to my deceased mother's CU Nomination Form to check the details and signatures. The CU branch sent this form out to him a few weeks ago

Can you please confirm if he should have been allowed to access this form from the Credit Union branch? I would have thought this was not legal.

He is currently the executor of the will/estate and I know that he can access all bank statements, but I wanted to check that he can also get access to original contractual documents such as the nomination form?

Hi Grendal, sorry for your loss.

Your brother is entitled to access the document as he is the personal representative of the deceased. He will need the information to complete the SA2 form Revenue anyway, so whilst his intentions for seeking the document might be otherwise motivated, the credit union would be correct in disclosing the document to him as the executor.

 

[Grendel]

OK thanks. I didn't think he would be able to access this due to the fact that the CU nomination has nothing to do with the estate. Unless the balance was over €23k.

 

[24601]

OK thanks. I didn't think he would be able to access this due to the fact that the CU nomination has nothing to do with the estate. Unless the balance was over €23k.

That's sort of correct, but the Executor needs to complete documentation for Revenue and this includes all assets notwithstanding the law on the nomination of property in credit union accounts. I don't remember the full ins and outs of it but I think the details of beneficiaries are required for nominations > €12,000. In any event, since he is the personal representative for the estate it would be very difficult to argue that he should be precluded from receiving such information, and it is hard to see what benefit there would be in dragging the credit union into a family dispute over inheritance. Even if it transpired that the document shouldn't have been disclosed there is unlikely to be any recourse.

 

[24601]

From Revenue's Guide to completing a Statement of Affairs (Probate) Form SA.2:

Credit Union
Enter details of all credit union accounts held in Ireland
• The name and address of the credit union
• IBAN or member number of the account
• Details of how the title was held i.e. solely by the deceased person, jointly with others
• Indicate if IT8 Clearance is required for the account
• Did any person benefit under a nomination at any time made by the deceased person? Tick the appropriate check box to indicate “yes” or “no”.

Nominated accounts are accounts on which the deceased person, during their lifetime, nominated a named person to receive the proceeds of the account in the event of their death. They pass outside of the estate directly to the person named up to a maximum of €23,000. They do not pass to the personal representative to be distributed by the will.

29 If yes: - Please indicate, from the list of beneficiaries previously entered, who benefitted under the nomination - The value of the nomination to the named beneficiary - The balance remaining in the account after the nomination.

 

[Grendel]

Thanks for the replies.