Does joint tenancy of a bank account involving a parent and their adult daughter constitute a right of survivorship and resulting trust?

Ontario, Canada


The following excerpt is from 1410-11934 (Re), 2015 ONSBT 5840 (CanLII):

In Pecore v. Pecore, a case relied on by the Appellant which also involved joint tenancy of a bank account between a father and his adult daughter, the SCC considered issues such as right of survivorship and resulting trust. The SCC determined in that while there is a reasonable presumption that the monies in a joint bank account would be gifted to the surviving tenant if the joint tenants were spouses, joint tenancy involving a parent and their adult child does not carry the same presumption. In other words, it should not be assumed that the adult child has right of survivorship to the monies or that monies held in a joint account are somehow separate from the parent’s estate.

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