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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Do you include a joint bank account in a will if the will

Customer Question

do you include a joint bank account in a will if the will owner is a senior - 104 years old and the joint account (s) is with an adult child of the senior. Can the adult child use the money in the bank account as they see fit?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

The adult cannot use the money as they see fit unless the senior says so. It is the senior's money I assume.

The money will form part of the estate unless the senior makes it very clear that their intention is to leave the money to the child that is on the bank account jointly.

If there is no clear intention then the courts have held the money is part of the estate.

To show a clear intention the senior has to sign right of survivorship forms for the bank and leave clear instructions with the lawyer or even in a letter with the Will that sets out that the senior wants the child to inherit that money and that is should not go to the estate.

Does that answer your question?

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