When a deceased mother transfers funds to a joint account in her name and that of the daughter’s, is the transfer invalid?
British Columbia, Canada
The following excerpt is from Castellan v. Monaghan, 2003 BCSC 594 (CanLII):
It is therefore crucial to examine the circumstances of the transfer and all evidence related thereto. Such an examination was conducted in Edwards v. Bradley, 1957 CanLII 17 (SCC), [1957] S.C.R. 599. In that case, on facts remarkably similar to those at bar, the deceased mother transferred certain funds to a joint account in her name and that of a daughter. Thereafter, a sum was transferred to the daughter’s account and some documents signed suggesting this sum was a gift.
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