Joint Bank Account Dispute

Summary

In Ontario, the presumption of resulting trust applies to intergenerational joint accounts, meaning the account may be presumed to form part of the deceaseds estate unless there is evidence to the contrary. Evidence of intention, such as documentation or witness statements, can rebut this presumption. If no documentation exists, independent legal advice records and witness statements can be crucial. Consult a lawyer to navigate the complexities and gather necessary evidence.

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I understand that if I saw a joint bank account with survivorship after the death of one owner of the account it would generally go to the suvivor instead of the estate.
Certainly, I can provide some general information on this topic.
In Ontario, the case of *Pecore v. Pecore, * SCC ** is a leading Supreme Court of Canada decision that addresses the issue of joint bank accounts with survivorship. The court held that the presumption of resulting trust applies to gratuitous transfers between parents and adult children, meaning the account may form part of the estate unless evidence shows a contrary intention.
Could you provide more context or specify your inquiry further? For instance, are you dealing with a similar situation or seeking advice on how to handle a specific case?
I am a suvivor of an intergenerational joint bank account that my late mother opened. I found no evidence that the bank had done any interview before the account was opened.
I'm sorry for your loss. To better assist you, could you clarify your primary concern? Are you looking to challenge the survivorship of the joint account or seeking advice on how to proceed with the bank? Any additional details will help provide more targeted information.
looking to understand who the account belongs to
I'm sorry for your loss. Based on what you've shared, it seems you're trying to determine whether the funds in the joint account should go to you as the survivor or to your late mother's estate.
Could you please clarify if you are questioning the bank's procedures or seeking legal advice on claiming the account?
legal advice on claiming the account
Thank you for providing those details. Here’s some general information that might help:
- **Presumption of Resulting Trust**: In Ontario, the presumption of resulting trust applies to intergenerational joint accounts. This means the account may be presumed to form part of the deceased's estate unless there is evidence to the contrary.
- **Evidence of Intention**: If you can provide evidence that your mother intended for you to benefit from the account (e.g., documentation, verbal statements, etc.), this can rebut the presumption.
- **Legal Action**: You may need to take legal action to assert your claim if the estate’s executor disputes your ownership.
Would you like more detailed information on how to gather evidence or proceed with a claim?
how do you gather evidence
Sure, here are some general steps to gather evidence to support your claim to the joint account:
- **Documentation**: Collect any written documents that show your mother’s intention, such as letters, emails, or notes.
- **Bank Records**: Request account statements and any records from the bank regarding the account's setup.
- **Witnesses**: Obtain statements from individuals who can testify about your mother's intentions.
- **Legal Advice**: Consult a lawyer to assist in gathering and presenting your evidence effectively.
Would you like more information on any specific point?
Upon the death of my mother, the bank gave me the joint bank account with survivorship
I'm sorry for your loss. It sounds like you want to confirm if the funds truly belong to you. Here are some key points:
- **Presumption of Resulting Trust**: In Ontario, the presumption applies unless there’s evidence showing your mother's intention to gift you the funds.
- **Evidence of Intention**: Collect documents or witness statements showing her intention.
Would you need more information on challenging the presumption or gathering evidence?
but normally to protect the adult child and prevent a claim that the adult child pressured the mother to give funds, the adult child is not directly given any evidence to show the late mother's intentions
Thank you for providing more context. It's understandable that you're concerned about the potential presumption of undue influence. Here are some considerations:
- **Independent Legal Advice**: If your mother received independent legal advice when setting up the account, it could demonstrate her intent.
- **Witnesses**: Statements from neutral third parties who were aware of your mother's intentions.
- **Documentation**: Any written records indicating her wishes can be crucial.
Would you like more details on any of these points?
No documentation exists.
I'm sorry to hear about the difficulties you're facing. Here are some general steps you can take:
- **Independent Legal Advice**: Check if your mother received independent legal advice when setting up the account. This could demonstrate her intent.
- **Witnesses**: Look for statements from neutral third parties who knew of your mother's intentions.
- **Legal Assistance**: Consult a lawyer who can help navigate the complexity of your case.
Would you like more information on finding legal assistance or any of the points mentioned?
I knew my mother went to the law office and got legal advice
Thank you for sharing that information. Here are some general steps you can take:
- **Independent Legal Advice**: Request records from the law office where your mother sought advice to see if there’s documentation about her intentions.
- **Witnesses**: Gather statements from individuals who were present or aware of her legal consultation.
Would you like more information on how to request these records or any other aspect of your situation?