An account held with another person, often passing by survivorship.
In Islamic law
A joint account with one child can remove a large asset from the shares — or not, depending on what a court finds was intended. Document the intention.
In Canadian law
Whether it passes to the survivor or forms part of the estate depends on the intention when it was opened. Courts may find a resulting trust where a parent added an adult child for convenience.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Joint bank account resulting trust presumption ontario
- Rebutting resulting trust presumption joint account ontario
- Common intention resulting trust ontario explained
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- What to do when someone has died — Canada Revenue Agency
- Canadian Legal Information Institute — CanLII
- Joint bank account resulting trust presumption ontario — Treadstone Law
- Rebutting resulting trust presumption joint account ontario — Treadstone Law
- Common intention resulting trust ontario explained — Treadstone Law
- Adding adult child to title or account risks ontario — Treadstone Law
- Wills & estates practice — Treadstone Law