The right to information of the court commissioner and the probate court against banks is based on a special legal provision in the Banking Act. This provision doesn’t differentiate between the secrets of a deceased client or of other persons. Banks are therefore not allowed to refer to their right to keep the bank secrecy against the court commissioner and the probate court. This also means in particular that banks are not allowed to refuse the right to information based on the grounds that rights of third parties or joint account holders would be violated.
25. November 2016