Source: All England Reporter
Publisher Citation: [2012] All ER (D) 212 (May)
Neutral Citation: [2012] EWHC 1414 (Ch)
Court: Chancery Division
Judge:

Morgan J

Representation Mark Diggle (instructed Straw & Pearce) for L.
  Nicola Preston (instructed on Public Access) for MS and R.
Judgment Dates: 25 May 2012

Catchwords

Administration of estates - Beneficial interest - Sole beneficiary - Survivorship - Joint bank accounts - Will - Deceased and husband winning lottery and depositing money into two accounts - Deceased making will leaving estate to three children equally upon death of husband - Deceased's husband dying and deceased subsequently transferring monies into joint accounts in name of deceased and one of children (MS) - Deceased stating money to be property of MS only - Deceased dying - Whether money in accounts forming part of deceased's estate - Whether money in accounts vested in MS by survivorship - (c).

The Case

Administration of estates Beneficial interest. The Chancery Division held that, upon the death of the mother, legal title to money held in two accounts vested in her daughter, the joint account holder, by survivorship, and did not form part of the deceased estate. Section53(1)(c) of the did not invalidate the stated, but unwritten, intended change in beneficial interests effected by the mother in June 2008.

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