Can You Access a Joint Account After a Death in Ontario?

When someone you shared a bank account with dies, you may be worried about paying bills or about whether the money now belongs to the estate. The answer depends mostly on how the account was set up and on what the bank's documents say.

This article explains the general rule for joint accounts, what banks tend to ask for, and the situations where the money can still be questioned later. It is general information, not advice on your account.

The general rule: survivorship

Many joint accounts include the right of survivorship, and when one holder dies the surviving holder becomes the account owner. Property that passes by survivorship goes straight to the surviving owner and not into the estate, whether or not there is a will.

That also means the will does not control the account. A right of survivorship overrides a testamentary disposition. Between spouses, money on deposit in both names is deemed held as joint tenants.

Not every account with two names is the same. Some are set up for convenience, for example so that a family member can help pay bills. Whether yours carries survivorship depends on the account documents, which is why it helps to read them.

What the bank will require

Banks set their own documentation requirements, and practice varies from one institution to another. There is no single official Ontario checklist. It is sensible to ask the institution what happens when a holder dies and whether the survivor can reach the funds.

Banks commonly ask for proof of death and the account documents, but the exact list is the bank's own. If the bank tells you the account is restricted for a time, ask what it needs to release the money and keep a note of who you spoke with.

• The account agreement or card showing how the account is held
• Proof of the death, in the form the bank accepts
• Your own identification as the surviving holder
• Any questions the bank has about whether survivorship applies

When the survivor's right can be challenged

Survivorship is strong but not always the end of the story. Heirs may challenge the survivor, who may then need to show the deceased intended the funds as a gift.

For gratuitous transfers, the presumption of resulting trust is the general rule, and the person receiving the transfer carries the onus of showing a gift was intended. An adult child added to a parent's account without paying is presumed to hold it in trust for the parent and, on death, for the estate. The presumption of advancement, which treats a transfer as a gift, is confined to minor children.

If the question reaches a court, it may look at the wording of the bank documents, who controlled and used the funds, whether a power of attorney was granted, how the account was treated for tax, and later evidence if it is relevant to the intention at the time of the transfer. Where the survivor holds the money in trust for the estate, it does not escape estate administration tax.

Other claims that can reach joint money

A dependant who says the deceased did not provide adequately for their support may apply to the Superior Court of Justice for provision out of the estate. For that kind of claim, money deposited in an account in the deceased's name and another person's can be deemed part of the net estate.

There is an exception: for joint deposits, only the portion of the funds that belonged to the deceased immediately before the deposit is counted. A dependant who is also the other party to the account must prove their own contribution. A support application cannot be made more than six months after the certificate of appointment is granted, but the court may allow an application at any time for any part of the estate that is still undistributed on the date of the application.

Creditors can also matter while the owners are alive. If one holder has financial problems or goes bankrupt, creditors could make claims on the money. Any named holder can withdraw at any time.

What to do next

• Find the account agreement and confirm how the account is held.
• Ask the bank what it needs and what happens to the account on a holder's death.
• Keep records of who put money in and how the account was used.
• Do not move money in ways you cannot explain if family members may question it.
• Speak with a lawyer if heirs, a dependant or a creditor may dispute the funds, or if the estate is large.

Frequently asked questions