Top court gives mixed rulings on joint accounts in estates
Last Updated: Thursday, May 3, 2007 | 1:26 PM ET
CBC News
Related
Video
- Heather Hiscox interviews legal expert Jean Cumming for CBC-TV (Runs: 3:46)
- Play: QuickTime »
- Play: Real Media »
The Supreme Court of Canada has upheld the dismissal of two separate cases involving disputes over whether joint accounts must be considered part of the estate when someone dies.
The court's rulings Thursday may fall short of giving legal clarity for thousands of Canadian families involved in lengthy and often bitter disputes during probate, the legal process of settling a deceased person's estate.
The court had to consider two similar cases previously heard by the Ontario Court of Appeal, which gave different rulings over whether joint accounts set up by parents with their adult children should be shared as part of the estate assets when the parents died.
In the first case, Pecore v. Pecore, the daughter's ex-husband was appealing the lower court's decision against his claim for the joint account to be included in the assets of her father's estate, which was to be divided equally between the couple upon his death.
But the Supreme Court rejected the claim and upheld the lower court's decision.
In the second case, Madsen Estate v. Saylor, the court dismissed an appeal by Patricia Ann Brooks, the daughter and the estate's executor, who claimed her father intended the joint account he set up with her not to be included in his estate as it was divided up between her and her two siblings.
The court cited ancient legal presumptions that go back to the 15th century as influences on its rulings and has opened the door to politicians to shape a law to clarify the situation, CBC legal expert Jean Cumming said after the dismissals were handed down.
"It doesn't guide us very far," Cumming told CBC News Thursday.
If anything, the rulings place the onus on the joint account holder to prove presumption of resulting trust that the parent intended the joint account to be separate from estate assets, Cumming added.
"This question has dogged people and courts throughout the ages," she said. "How do you figure out what someone intended when they're no longer around to tell us?"
Share Tools
Top News Headlines
- Aylmer triple stabbing leads to first-degree murder charges

- The estranged partner of a young mother who was stabbed to death along with her parents at their home in Aylmer, Que., has been charged with first-degree murder Friday. more »
- Wildfires, high winds put northeastern Ontario on alert
- It's going to be a tense weekend in northeastern Ontario where strong, shifting winds have been fuelling a forest fire that has blanketed the Timmins area with smoke and ash. more »
- Labrador fire out of control
- A forest fire continues to burn out of control in Happy Valley-Goose Bay today, according to provincial firefighting officials. more »
- The risks and responsibilities of taking on Mt. Everest

- The deaths of five climbers last weekend on Mt. Everest, with more summits underway this weekend, fuels the debate about the risks and responsibilities of high altitude climbing. more »
Latest Canada News Headlines
- Canada ending 'Buffalo shuffle' for visas, closing consulate
- The federal government is shutting the Canadian consulate in Buffalo less than two years after costly renovations, while dropping a requirement for visas to be renewed outside the country, CBC News has learned. more »
- Wildfires, high winds put northeastern Ontario on alert
- It's going to be a tense weekend in northeastern Ontario where strong, shifting winds have been fuelling a forest fire that has blanketed the Timmins area with smoke and ash. more »
- Labrador fire out of control
- A forest fire continues to burn out of control in Happy Valley-Goose Bay today, according to provincial firefighting officials. more »
- B.C. premier unhappy with disgraced Mountie's transfer
- B.C. Premier Christy Clark says she is not happy with the RCMP decision to transfer a disgraced Alberta Mountie to the West Coast. more »
The National
The Current
- What does it take to get fired at the RCMP? May. 25, 2012 5:02 PM After a senior Mountie was demoted for disgraceful conduct including sex with subordinates, exposing himself and drinking on the job, some former employees wonder what you have to do to get fired.
- Aylmer triple stabbing leads to first-degree murder charges
- Everest victim's husband says family not seeking government help
- B.C. premier unhappy with disgraced Mountie's transfer
- Canada ending 'Buffalo shuffle' for visas, closing consulate
- What a Greek euro exit could mean for Canada
- The risks and responsibilities of taking on Mt. Everest
- Police probe Halifax homicide after shooting
- Ottawa man in hospital after lightning strike
- RCMP officer charged in fatal crash

