Where an account is gratuitously put into joint names with an adult child, a rebuttable presumption of resulting trust applies, so the survivor may hold the funds for the estate (Pecore v Pecore, 2007 SCC 17). A joint holder is not liable for a co-holder's personal debts, although a creditor may try to garnish funds in the account.
Business owners should not mix business funds into personal joint accounts and should document the intention behind any joint account.
Adding a child to an account without documenting whether survivorship is intended often leads to estate litigation.
Browse the full Fulcrum Law Dictionary for related terms.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.