Areas of Law / Wills and Probate

My elderly aunt won’t make a will. Instead she has put her two bank accounts into both our names. She has been pestered for money by another relative. If she dies, will I have control over the money, or will the other relative get half?

Your aunt should declare an “express trust” in respect of the bank accounts, whereby she makes it clear that the money is held upon trust for herself and you as beneficial joint tenants. This means the money will belong to you if she dies. She can do this by simply writing and signing a letter to this effect. If she has anything else – a house for instance – this will be divided according to the intestacy rules if she doesn’t make a will.

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