Does a daughter have a right to survivorship over her father's bank accounts?
British Columbia, Canada
The following excerpt is from Brown v. Manuck, 2015 BCSC 1966 (CanLII):
This case is similar to Madsen Estate v. Saylor, 2007 SCC 18, where the respondent was made a joint account holder by her father and had a right of survivorship over the accounts. After her father’s death, she refused to include the accounts in her father’s estate for shared distribution with the other beneficiaries. Notwithstanding the formal documentation of property ownership, she was held to hold the accounts on resulting trust for her father’s estate. Given the circumstances of the transfer, the contents of the father’s will, and the involved parties’ relationships, the formal documentation of ownership in that case (the banking documents) were not enough to rebut the presumption of resulting trust.
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