Canadian Banking Law?

This is a discussion on Canadian Banking Law? within the Other Business & Finance Law Issues forum, part of the BUSINESS & FINANCE LAW category; Hi, I am an American attorney representing a friend's estate pro bono. He passed away recently and left the balance ...

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Old Dec 16th, 2008, 01:13 PM   #1
GopherGrad
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Default Canadian Banking Law?

Hi,

I am an American attorney representing a friend's estate pro bono. He passed away recently and left the balance of his assets to a trust he created in his mother's name. He was an American and lived in the US, but as much of his business was in Canada, the majority of his liquid assets are stored in a Canadian bank account opened in an Ontario branch office.

The bank essentially refuses to speak with me, insisting instead that I retain Canadian counsel. That seems to me to be a silly waste of funds directed by my friend to a charitable purpose, especially considering that I'm probably perfectly able to handle any paperwork they require.

Anyway, I am currently perusing the Bank Act, trying to determine the rights of depositors or standard practice to settle accounts upon the death of a depositor. I don't see anything helpful and was looking for some direction in terms of which statutes address these issues. Also, if anyone knows off-hand whether retainer of a Canadian attorney is actually standard to obtain release of funds to the depositor's estate, I'd appreciate it.
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