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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100943
Experience:  Lawyer
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Me and my brother are both executors on my grandmas will..

Customer Question

Me and my brother are both executors on my grandmas will.. He has lived with her for the last three years and has his name on her bank account he says the bank accounts all his and the houses for us to split how do I know if the bank account is all his?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Tell you whether there was a signed form at the bank that gave him a right of survivorship?

Customer: replied 1 year ago.
she put him on one of the bank accounts I believe just one before she died.. Grandma also had no debt funeral paid for.. very simple woman.. My dad was the only child he died three years ago so she changed her will to me and Chris her grandchildren but never talked about it.. I just don't know if I should be getting a lawyer to look in to my Half or just take my brothers word for it.. I love him and money means nothing to me but he's different with money I don't want to lose my only brother but it's 50-50.. I've never been through anything like this before and just don't know where to start
Expert:  Debra replied 1 year ago.

I'm so sorry to hear that.

I understand that she put him on the bank account but what I'm asking is whether she signed a form in addition to putting him on the accounts that stated to the bank that she was giving him a right of survivorship. Do you know that?

Customer: replied 1 year ago.
I'm not sure but when my dad was alive he was on her bank account then when my brother moved in with her she put him on her account so I'm not sure why she did those things
Customer: replied 1 year ago.
I do know that he was Given a bankcard by the bank
Expert:  Debra replied 1 year ago.

The law is that those bank accounts do form part of the estate and do not vest in your brother unless your grandmother signed a specific document with the bank.

The reason why is courts have found that when A senior adds someone younger to the account it is usually simply so that they can assist the senior in banking. It is not to make a gift. So if the senior wishes to make a gift the senior must sign a specific form with the bank. It doesn't sound like that happened because I think if it did you would have been told. I do think that your best next step would be to consult with an estate lawyer face to face.

Customer: replied 1 year ago.
thank you very satisfied and happy I came to this site.. I feel now I know where I stand and I can move forward Knowing there was no favoritism thank you kindly
Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

You're very welcome.

I hope this works out for you.