My fathers wife for the past 30 years has taken money out…

Hello:

Yes, she would be able to keep the money, unless he starts family court proceedings. The money in the joint account belongs to each of them equally, and either one can withdraw the funds and do with it what he or she wishes. A family law court could make orders in certain circumstances to freeze accounts if there was some evidence that a person was going to waste away significant amounts of money.

If she passes away, your father could bring an application to divide family property. This would be determined prior to the estate being administered. Your father has a right to an equal division of family property, which would include any accounts your mother puts into her sole name. All these assets would be divided equally between the estate and the survivor, and then the Will would be put into effect to distribute the estate to beneficiaries. There is no requirement for her to let anyone else see her Will.

He could try to contest the will, as could other family members. This can be successful generally in two circumstances. One, if it is established that your mother did not have legal capacity to make a will at the time it was signed. Two, if she does not make suitable provision through her estate for the support of any financial dependents. I think you may have difficulty proving that your father is a financial dependent to your mother, or yourselves, as this is usually an application brought by a dependent spouse or on behalf of dependent children, not mature, self-sufficient adults.