Will (Third Time)

jennyjoan | 11:26 Sat 04th Jun 2022 | ChatterBank

11 Answers

I am about to finish off my will and have tried to detail as much as I can into it - you know like where my deeds of my house are (which nobody knows - I didn't keep it a secret) but sister knows but if she was to go before me - nobody else would know.

Anyway my final question is I have a joint account with my sister - so while I am detailing where my money is - shall I mention the joint account since it's not all mine. Thanks

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Peter Pedant

yes half of it is yours
you dont have to if you have put in the correct words for 'all my stuff' but it is wise to be sure

being joint it goes to her on application on your death. you cant leave it to anyone else

and you should specify which bit is hers and which bit yours ( rule of Northall)

barry1010

Is your house registered at the Land Registry? If it is your deeds are not important. If it isn't, do it now and save your executors the trouble.
The joint account automatically transfers to the other account holder on your death so is easily dealt with, no probate necessary, no need to mention it in your Will.

New Judge

Unless you have told the bank otherwise, none of the funds in the joint account are held discretely by either of you (that is, you don't own "half each"). The partnership owns the total in its entirety. This means that when one of the parties dies the entire amount reverts to the survivor. Neither a will nor the rules of intestacy can change that. So, no, you don't have to mention the joint account in your will because the funds are not yours to bequeath (they belong to the partnership). Your sister, as the survivor of the partnership, will need to provide a copy of your death certificate to the bank and they will change the account to a sole account in her name.

Peter Pedant

Luckily Barry says he doesnt read my posts and it shows!
So he remains ignorant of who gets what in a Joint account

https://www.lawjournals.co.uk/cases_referred/re-northall-deceased-2010-ewhc-1448-ch/

in short - if A and B have a joint acct and everyone agrees that A has put in the money then surprise surprise it is A's. Important obviously for taxation

go on, read the case ! - read and foo ! all of you

(Chris's mother died and Chris tried to grab all her moolah, tax free and the Judge said come on come on, no ! no !)
Only hard for an ABer

New Judge

^^^Sorry, was still typing (and having a cup of tea) before Barry's answer appeared.

Peter Pedant

oops yes
Barry read !
NJ knows the current law - er not surprisingly