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ARTICLE · 27 FEBRUARY 2014

Joint Accounts: Is The Surviving Owner Really Entitled To The Money?

Joint bank accounts can provide that the survivor of the joint owners is entitled, by right of survivorship, to the balance left in the account upon the death of the other joint owner.

CanadaLitigation, Mediation & Arbitration

Joint bank accounts can provide that the survivor of the joint owners is entitled, by right of survivorship, to the balance left in the account upon the death of the other joint owner.  But will this actually occur?

If you look at joint accounts created by a parent naming an adult child as the joint owner, there are two common purposes for these joint accounts.  The joint account can be set up in order to give the remaining money to the child.  The intention is to provide a "gift" to the child with the child receiving the balance of the money left in the joint account on the death of the parent.  Alternatively, a joint account may be set up for the child to access the money in the joint account to assist the parent with paying bills, but with the intention that the balance in the account upon the parent's death would be distributed according to the parent's Will.  The intention that the monies in the account form part of the parent's estate means that the account

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